For now, Samsung can sell its Galaxy Tab 10.1 once again in Europe. Earlier this month, on August 4th Apple won a preliminary injunction against Samsung. After this injunction Samsung was blocked from selling the Tablet. This injunction which blocked the selling of Galaxy Tab in almost the whole EU (European Union) was immediately appealed by Samsung. Recently, Apple has also blocked Samsung from selling the Galaxy Tab 10.1 in Australia, until a court passes a ruling on whether the Android tablet is infringing with Apple’s patents. ZDNet UK learned that the enforcement of the ban has been stayed because of Samsung’s submission ahead of the hearing of the injunction appeal.
In its submission, Samsung successfully raised doubts about the powers with the local courts to impose an EU-wide ban on the sales of the products of companies based outside EU. The injunction was issued by the Düsseldorf district court. The court has now lifted the ban until Samsung’s appeal is heard on 25th August. However, the ban will stay in its place in Germany. Samsung was banned from selling its tablet all over EU except Netherlands. Apple has brought up a case against Samsung of alleged copying of its iPad design. The injunction against Samsung was actually against two entities. One is Samsung’s main business which is based in Korea and which is related to the selling of products all over EU and the other is the business in Germany which is country specific.
The injunction against Samsung’s Korean business has been lifted while the ban in the Germany section stays as it is. Since long, Apple has been locked in battles with Samsung in the US related to the Android based patents. But the injunction won by Apple in Europe is about the similarity in the actual appearance of iPad2 and Galaxy Tab 10.1. Court decisions made in one member state reach across the Union; this is because the Community design is a type of intellectual property. However, the application of this feature when it is applied to the banning of companies from trading is now being questioned. In the meanwhile it has also come into notice that Apple used a distorted image in its case against Samsung in Europe. In the image the iPad2 and Galaxy Tab appear more similar than they actually are. The Android tablet looks shorter than it actually is, in the image which has consequently resulted in their resemblance. However, the legitimacy of these claims have not yet been confirmed.