So, the shadiness factor of the German EU-wide injunction against the Samsung Galaxy Tab 10.1 seems to continue. Not only has Apple been caught supplying the court with tampered evidence, it now seems the court in Duesseldorf didn’t have the authority to ban the Galaxy Tab EU-wide – at least, according to a German court which has just lifted the EU-wide ban on the Galaxy Tab 10.1.
It’s a bit of a clusterfrick over there in DÃ¼sseldorf. The court there applied the injunction against the Galaxy Tab 10.1 in the entire European Union, but as it turns out, the court now doubts whether it had that authority to begin with. It gets a bit weird, but the confusion seems to arise from the distinction between Samsung Korea and Samsung Germany.
Samsung had filed an emergency opposition to the injunction, stating that a German court does not have the authority to prohibit Samsung Korea from doing business in, say, Italy or Belgium. The court accepted this line of reasoning, and lifted the injunction on the Galaxy Tab 10.1 in the EU – except for Germany. Samsung Germany is still not allowed to sell the Galaxy Tab 10.1 in either Germany or the rest of the EU.
This is strictly a procedural thing, the German court told WebWereld.nl, as no evidence was considered, and no arguments from either party – other than Samsung’s emergency opposition – was heard. Still, it’s a slap in Apple’s face, since all this does is further keep the Galaxy Tab in the news, with Apple being perceived as the whiny child who can’t handle competition.
The final say in Germany will come August 25, while The Netherlands will come September 15.
When this story first broke, I actually praised Thom for reporting on a patent story for once that actually had a direct and tangible impact on consumers, as opposed to feeling the need to tell us about every f**king finger gesture patent lawsuit that comes down the pike.
But, guess I was wrong, since the Galaxy Tab is going to be released anyway.