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Tuesday
Aug162011

Apple v. Samsung: Preliminary Injunction in Germany; Updated

The Regional Court of Dusseldorf (Germany) granted Apple a preliminary injunction on August 9, 2011, as reported in FOSS Patents and The Telegraph.  The injunction is effective for all of Europe except for the Netherlands. 

In response, Kim Titus, a spokesman for Samsung, was reported in the Washington Post as stating the preliminary injunction was issued “without any hearing or presentation of evidence from Samsung.”

[Update] The response from Kim Titus may be misleading.  According to FOSS Patents, court documents reveal Samsung apparently unsuccessfully pleaded against the preliminary injunction.

As reported by The Wall Street Journal on August 16, 2011, the Regional Court of Dusseldorf has partly lifted the preliminary injunction, with a court spokesman stating it was disputable whether it is possible for a German court to ban a company headquartered in South Korea from selling goods outside of Germany.  A hearing has also been scheduled for August 25 to hear an appeal from Samsung concerning the preliminary injunction.

One issue expected to be discussed or addressed at the August 25 hearing is the proportions of the pictures of the Galaxy Tab in Apple's complaint appear to have been altered.  This issue was noted by Webwereld.nl. 

At issue, page 28 of Apple's complaint includes the following picture:

Reproduced below is the Galaxy Tab image from page 28 of the complaint shown together with an image of the U.S. version of the Galaxy Tab.  These images have been adjusted to display a common device width. 

It appears the image of the Galaxy Tab from page 28 of the complaint has been "shrunk" to have the same height of Apple's iPad2, but the effect altered the aspect ratio of the Galaxy Tab.  It is unclear whether this apparent inaccuracy in the complaint affected the Court's judgment.

[Update] As reported by PC Pro, the Judge for the Regional Court of Dusseldorf had a visual inspection of the devices at issue.  As a result, it does not appear the apparently misleading images from the complaint misled the Judge.

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