Samsung Galaxy Tab 10.1 ban gets appeal date
Andy Ruffell / 5 years ago
The case of the Europe wide ban of the Galaxy Tab as reported by SJTelford ( this article ) moves on with Samsung receiving a date for appeal in Düsseldorf on the 25th of August with a decision expected within a couple of weeks from appeal.
Despite the ban third party stores with stock provided previous to the injunction being granted are still allowed to sell the units.
Apple are still trying to obtain the same injunction within the Netherlands, currently the only country in the EU that is not currently covered by the current embargo, the action being taken here has a more specific claim to it with Apple claiming Samsung have also breached patents for the touch screen and software as well as its somewhat more hazy claims of slavishly copying their ipad and iphone design, despite tablet computers being around for quite some time before Apple took up the torch with their ipad.
Even if the German courts overturn the decision Samsung still face a legal battle in the Netherlands with Rotterdam being the current port of import into Europe this could have harder hitting effects on distribution throughout the rest of Europe, if the decision isn’t overturned then Samsung still have the option of taking the appeal to the next highest court which is the Oberlandesgericht Düsseldorf (Higher Regional Court).
The current ruling in the German courts also showed there are similar claims from Apple filed against the Motorola Xoom