“This morning, the Düsseldorf Higher Regional Court (an appeals court) announced that it has upheld a preliminary injunction against the Samsung Galaxy Tab 10.1 and has confirmed that the smaller Galaxy Tab 8.9 falls within the scope of that injunction,” Florian Mueller reports for FOSS Patents. “But this doesn’t mean that Samsung lost all the way: the appeals court based its decision on a violation of German unfair competition law (Gesetz gegen den unlauteren Wettbewerb, UWG), while the lower court’s ruling was based on a finding of a violation of a Community design, the European equivalent of a U.S. design patent.”
Mueller reports, “Today’s ruling validates Apple’s decision to bring claims against the Galaxy Tab 10.1. Apple’s actions may have been aggressive, but they weren’t unreasonably overreaching. At the very least, there can be a genuine dispute over this issue. ”
Read more in the full article here.
[Thanks to MacDailyNews Reader “Fred Mertz” for the heads up.]