Samsung Galaxy tablet EU ban overturned

by Kenny Hemphill on August 16, 2011

A court in Düsseldorf has lifted the injunction it granted Apple last week, which prevented Samsung from selling its Galaxy Tab 10.1 in all European Union countries except the Netherlands.

The initial injunction banned Samsung’s Korean-based parent company and its German subsidiary from selling the Galaxy Tab 10.1 in the EU.

The injunction was lifted after Samsung complained that the court did not have the authority to issue an injunction on its parent company. The injunction on the German subsidiary remains in place. Samsung’s appeal against the initial ruling, which found that the Galaxy Tab 10.1 had infringed Apple patents, will be heard on 25 August.

Apple’s specific complaint in this case is that the Galaxy Tab 10.1 infringes on ‘Community designs’ Apple owns for the iPad 2. Community designs, a form of intellectual property, apply across the EU.

The removal of the injunction came the day after it emerged that Apple had submitted a distorted image of the Galaxy Tab 10.1 in its evidence in the proceedings. The image made the Galaxy Tab appear shorter and more like the iPad 2.

A separate hearing is due to take place in the Netherlands on 15 September and the two companies have agreed to refrain from further legal action in that country until then.

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