Linked by Thom Holwerda on Thu 11th Aug 2011 09:22 UTC
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Member since:
2005-07-06
"I don’t know much about German case law on preliminary injunctions so I will sick to England and Wales. "
That's sort of the problem. You want to stick to England and Wales because that's what you know about; fine. But Apple didn't have to. The RCD system is EU-wide, which allowed Apple to go jurisdiction shopping and find the country with the preliminary injunction system most suited to their purposes - just as U.S. patent aggressors tend to go to East Texas. You may well be entirely correct about English preliminary injunctions, but so what? The case wasn't filed in England.