“Apple has been granted a preliminary injunction against Samsung’s Android-based Galaxy Tab 10.1, barring with immediate effect all distribution of the product in the entire European Union except for the Netherlands on the grounds of an alleged infringement of Apple’s iPad-related [European] Community design no. 000181607-0001,” Florian Mueller reports for FOSS Patents.
“I can confirm that Apple has a separate lawsuit underway in the Netherlands as well, asserting the same Community design. This was also confirmed by a court in The Hague to Dutch website Webwereld. There are differences in competition law between Germany and the Netherlands, which is why Apple filed separate lawsuits,” Mueller reports. “In Germany, Apple asserts not only an infringement of the said Community design but also cites unfair competition grounds, denouncing the Galaxy Tab as an iPad imitation.”
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Mueller reports, “Apple also asked for a similar preliminary injunction in Australia, and Samsung has, as a result, postponed the launch of the Galaxy Tab 10.1 without committing to a new launch date in Australia… Even though most of my blog posts relate to litigation in the United States, I’m actually a native and still a resident of Germany. The Düsseldorf district court has a reputation for being our equivalent of the Eastern District of Texas in terms of a strong tendency to favor the interests of right holders over those of alleged infringers. About half of all European (!) patent litigation takes place before that court. But apart from that particular court’s inclinations, German intellectual property law is much stricter than U.S. intellectual property law with respect to injunctions. In the U.S., an injunction is granted only if the four-factor test is satisfied. Over here, a patent holder is always entitled to an injunction (if an infringement of a valid patent claim is proven, of course).”
Much more in the full article here.
Related article:
Apple wins court order blocking Samsung Galaxy Tab 10.1 from sale in Europe – August 9, 2011