17 August 2011

‘Tab Wars’ Update – German Court Winds Back Samsung Injunction

In our earlier article, ‘Tab Wars’ Update – Apple Claims a Win in Europe, we wrote that we were:

…a little sceptical of the Bloomberg report, in part because it is unclear to us that a German court necessarily has the power to issue – or to enforce – an injunction covering the entire EU, although this may depend upon the basis for the injunction.

Now it seems that the Dusseldorf District Court has itself had second thoughts about this issue.

The FOSS Patents blog is now reporting that the District Court has temporarily suspended enforcement of the injunction barring distribution of Samsung’s Galaxy Tab 10.1 in all countries of the EU, with the exception of Germany.  This suspension is a result of concerns that the German court may lack the necessary jurisdiction to issue an injunction that is enforceable against a Korean company in countries other than German.

The injunction remains in force in Germany, because the court is confident of its jurisdiction over activities that take place within Germany, and/or which involve a German resident company (i.e. Samsung’s German subsidiary).

Nothing should be read into the fact that this suspension is temporary.  The preliminary injunction is itself temporary, pending a further hearing of Apple’s claims (at which, this time, Samsung will be represented) set down for 25 August 2011.


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