Wireless News Desk
Galaxy Tab Injunction Temporarily Suspended Except in Germany
It suddenly appears that the German court isn’t sure its jurisdiction extends outside of Germany to parent company Samsung Korea
By: Maureen O'Gara
Aug. 17, 2011 09:30 AM
In what appears to be a fit of self-doubt over its jurisdiction the Düsseldorf Regional Court (Landesgericht) that last week barred the distribution, sale and advertising of Samsung's Galaxy Tab 10.1 anywhere in the European Union except Holland has now temporarily suspended the enforcement of its preliminary injunction everywhere except Germany pending the hearing it has scheduled for next Thursday.
Patent follower Florian Mueller double-checked with the German court after the Dutch web site Webwereld broke the news in Dutch.
From what he learned it suddenly appears that the German court isn't sure its jurisdiction extends outside of Germany to parent company Samsung Korea, which was the other party besides its German subsidiary Samsung Electronics GmbH to be enjoined in its sweeping decision.
It evidently all depends on how one reads Article 82 of the EU Directive on international jurisdiction as applied to Community Design law and in what language.
Florian says the suspension doesn't apply to Samsung Germany. It still can't sell anymore of the devices anywhere in Europe but its sister subsidiaries can make hay while the sun shines. And that might be for a good while.
Florian now thinks "Samsung has a pretty good chance that this temporary partial suspension will result in a partial reversal of the preliminary injunction decision at next week's hearing" although Apple could still persuade the court that it read the rules right the first time (at least in German) and didn't overreach.
Otherwise Apple might have to decamp to a court in Spain.
For the messy details see http://fosspatents.blogspot.com/2011/08/galaxy-tab-101-injunction-suspended-for.html.
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