The preliminary injunction was first granted last month by the German court, which found Samsung’s tablets closely resembled Apple’s designs. It initially banned sales of the tablet across other countries in Europe, but that ban was eventually lifted in most countries.
As FOSS Patents’ Florian Mueller points out, today’s news means that Samsung won’t be able to keep fighting the injunction in the Düsseldorf Regional Court, but it can appeal the case in a fast-track proceeding at the Higher Regional Court. With that plan, the injunction could be lifted within a few months.
For now, Samsung won’t be able to sell the Galaxy Tab 10.1 within Germany, and its German branch won’t be able to sell the tablet to other EU countries (Mueller says that, in practical terms, that means nothing, since they get their tablet stock from elsewhere). Samsung was also forced to remove its Galaxy Tab 7.7 from the IFA consumer electronics show floor last week due to a new injunction.
I do not agree with this ruling but can see the logic here. Yet another reason to review out woefully outdated patent laws. However, since Apple can win an injection based on its design, cannot JooJoo sue Apple? The iPad looks ALOT like the JooJoo from the drawings, so I think ‘could’ lose for winning here. Dangerous waters. However, hope is on the way. President Obama mentioned in his speech yesterday that patent laws needs to be updated. In fact, a law is heading to his desk today that will help improve patent time to publish as well as interpretation. Witehr it would have an effect in the a case like Apple vs. Samsung remains to be seen.
The Senate voted 89-9 to pass the patent bill and send it to Obama for his signature. The vote came a little more than an hour before Obama’s speech to a joint session of Congress on his jobs agenda and gave some evidence that lawmakers can, in an age of political division, occasionally find common ground.
The first major change in patent law in six decades is aimed at streamlining the patent process, reducing costly legal battles and giving the U.S. Patent and Trademark Office the money it needs to process patent applications in a timely fashion.
They are already going through the appeal process and I’m sure there are many other steps that Samsung can take, but after removing the Galaxy from an upcoming tech show and now this ruling, its looks like Samsung s Galaxy is moving far far away.