German court upholds Apple injunction against Samsung Galaxy Tab

A GERMAN COURT has upheld an injunction requested by Apple regarding Samsung's Galaxy Tab, banning the sale of the tablet due to its alleged similarity with the Ipad.

The court previously imposed a ban that affected the entire Europe Union (EU) except the Netherlands, but later withdrew this preliminary injunction, since it was not certain that its jurisdiction covered the entirety of the 27 member states, according to Reuters.

One of the primary reasons the EU-wide injunction was dropped was a complaint by Samsung that the picture of its Galaxy Tab had been widened to make it look more like the Ipad. This is a huge issue, as it effectively amounts to Apple falsifying evidence in its case against Samsung.

A ruling will take place on 9 September.

Samsung called for the injunction to be dropped in Germany as a result of this, but the Dusseldorf court refused its request today.

So Samsung is not out of the woods yet, since the injunction remains in Germany and could still be applied to other European countries if the question of jurisdiction is resolved.

Samsung's Galaxy smartphone range is also suffering after an EU-wide ban by a Dutch court.

Apple's decision to go to the Dusseldorf court is a clever move, as that court has a lot of power and sway across Europe, as can be seen by the fact that it originally believed it could impose an EU-wide ban. If after its investigation it finds it can indeed do this then it will become an even bigger centre for lawsuits among technology giants eagre to block the competition.

The thing about Dusseldorf is that it seems to favour patent holders over defendants in patent infringement cases. A study by the Global IP Project cited by Forbes showed that 63 per cent of such patent cases were won by the plaintiffs between the years 2006 and 2009, nearly double the global average of 35 per cent. This makes Dusseldorf the European equivalent of the super patent-friendly US District Courts of Eastern Texas, which have an 80 per cent win rate for patent holders.

Apple clearly knew this, and knew that a win in Europe might help its case elsewhere in the world. It alleges that Samsung "slavishly" copied its designs, particularly with the Galaxy Tab, which is the fiercest competitor to its Ipad on the market. If it can eliminate this threat, as it seems to be successful in doing so far, it can ensure that the Ipad remains in top position for some time to come. µ