The iPad manufacturer has been granted a preliminary injunction from a court in Duseldorf which bans Samsung from selling its tablet in every EU member nation except the Netherlands. Apple has already achieved a similar delay in Australia.
Apples grievances are based around technology that features in the iPad that it says Samsung has copied to create its Galaxy Tab 10.1. Samsung is not prevented from selling existing stock.
Samsung responded with the following statement: “The request for injunction was filed with no notice to Samsung, and the order was issued without any hearing or presentation of evidence from Samsung. We will take all necessary measures to ensure Samsungs innovative mobile communications devices are available to customers in Europe and around the world.”
Craig Cartier, analyst at industry research firm Frost & Sullivan, says the practical implications of this ruling are still unclear for a number of reasons. “First, Samsung is appealing the ruling, claiming the order was issued without any hearing or presentation of evidence from Samsung. Second, stores are not prevented from selling their existing stock of devices. Finally, while the injunction takes immediate effect in Germany, there is a legal process to extend it to other EU countries – Samsung may have already have the decision reversed in the time that takes.
“Despite the ambiguous future of this ruling, it is clear that mobile technology companies have intensified the fight-and the funding-on the IP battleground.”