Apple’s Injunction Overturned for Most of Europe
It seems that Samsung has already managed to lift the injunction on its Galaxy Tab 10.1 throughout Europe (except Germany), at least for now. One of the first things that I found odd with the German Court putting an injunction on the Galaxy Tab 10.1, is that they managed to do it throughout Europe. I wasn’t aware that the EU had such a law where one, almost random, Court (Germany doesn’t even have the presidency of EU right now) can put an injunction on companies that will cover the whole EU.
It looks like there may have been several procedural errors with this case, and besides the one about the misleading evidence Apple presented to the Court (whether intentionally or not), it seems the German Court never had the power to put an injunction on the Galaxy Tab 10.1 throughout EU, in the first place. They could only put injunctions on the local subsidiaries, which means Samsung’s tablet won’t be sold in Germany (at least for now), but they can sell it anywhere else in Europe.
Although, Samsung has this partial win in Europe right now, they still have the injunction put on their tablet in Australia. However, Samsung seems pretty confident they will overturn it there, too, and they are willing to go ahead and launch the Galaxy Tab 10.1 either way on September the 1st. The launch date appeared in one of retailer’s flyer for the Galaxy Tab 10.1. This is just a few days after the scheduled hearing in the Apple vs. Samsung case.
Samsung must think they are going to win the case, so they don’t want to unnecessarily delay the launch of their tablet. If something goes wrong, and the case gets delayed further, or Apple even wins it, they still have a few days left to figure out whether they cancel the launch or not.