Folks at Samsung can now rejoice. Early in the week, we had reported about the South Korean company failing to escape the sales ban effective on their Galaxy Tab 10.1N and Galaxy Tab 8.9 in Germany, post a ruling delivered by a higher regional court in Duesseldorf, making the future prospects appear bleak. Now, Bloomberg confirms that Galaxy Tab 10.1N, as it is referred to in Germany, and Samsung's Galaxy Nexus smartphone have evaded the sales ban in Germany, dealing a blow to Apple. According to reports, Cupertino-based, Apple was to secure a preliminary injunction against Samsung's Galaxy Tab 10.1N, Galaxy Nexus smartphone in Germany, but a ruling by Presiding Judge, Andreas Mueller, Munich Regional Court has now proved to be a deterrent.
Evades ban in Germany
In his verdict, Presiding Judge, Andreas Mueller stated that, “Samsung has shown that it is more likely than not that the patent will be revoked because of a technology that was already on the market before the intellectual property had been filed for protection.” While Samsung should rejoice over this victory, it certainly has other concerns in mind. Yesterday, the European Commission, which is the European Union's antitrust agency announced that is in the process of launching a formal investigation into Samsung's business practices to check if the company was abiding by its 1998-signed, European Telecommunications Standards Institute (ETSI) norms, which functioned on FRAND way of practising business.
Meanwhile, a separate case against the Galaxy Tab 10.1N has been filed at a lower Dusseldorf court, by Apple; and a hearing is scheduled for next week.
To get a complete view on the Apple vs Samsung lawsuit, click here.
Publish date: February 2, 2012 1:37 pm| Modified date: December 18, 2013 9:30 pm
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