After has finally scored another, and a significant one, legal victory against Samsung. This has come in the form of an injunction that a German court issued against the sale of Samsung Galaxy Tab 7.7 in European Union. The tablet was already banned from sale in Germany and with this injunction, Samsung would no longer be able to sell this tablet in the entire European continent. This is certainly a huge blow for Samsung and a notable victory for Apple.
According to the details of the decision made, the court found that the design of the 7 inch tablet from Samsung infringed on Apple designs from 2004 and hence violates the terms of the copyrights laws. Samsung’s argument that the ban should only be restricted to the German market was also rejected by the court and the decision was made effective for the entire European Union.
Samsung, however, was saved from utter disgrace since the court did not ban the re-designed version of Samsung Galaxy Tab 10.1 in Germany. Originally, the device was banned in Germany after which Samsung had to redesign those parts of the tablet which were considered an infringement of the copyright law. After the redesigning of those parts, the sales of the device were resumed. Regarding the uplifting of ban on the 10 inch version of the device, Samsung said that the company welcomes the decision of the court that the 10 inch version of the tablet does not infringe upon the intellectual property of Apple and does not violate any laws of fair competition. In its statement, Samsung further said that “Should Apple continue to make legal claims based on such a generic design patent, design innovation and progress in the industry could be restricted.”
The decision made by the German court, however, is in direct contradiction with a recent decision made by a UK court. According to that decision, Samsung device does not infringe any patents of Apple and hence its sales cannot be banned. Samsung has so far not given its response about the ban imposed by the German court. So it is now known what strategy Samsung would come up with in order to tackle with this recent situation. Other than Germany and UK, the legal battle between Apple and Samsung is also underway in several other countries, including the US.