16
Aug
samsung-galaxy-tab-10-1

This morning, as part of the ongoing Samsung v Apple patent litigation, the German court responsible for imposing a ban on Galaxy Tab 10.1 sales in the EU has backpedaled, temporarily lifting the injunction enjoining Samsung from distributing its flagship tablet in the European Union.

Why? It appears the German court decided that it may lack the authority to enjoin Samsung's Korean parent corporation under the EU's regulations regarding international jurisdiction. Long story short, Samsung Korea can sell all the Tab 10.1's in Europe that it wants, for now, except in Germany. Samsung Germany, however, cannot sell anywhere in the EU (this part of the injunction remains enforced). Because Samsung Germany is a separate legal entity under the applicable law, it meets the requirements of the EU's Article 82 for international jurisdiction.

According to FOSSPatents, the wording of the Article in question makes it unclear just whether or not Samsung Germany can be considered a separate subsidiary, as the German word used in the regulations to describe such entities has a less than crystal clear translation.

Essentially, the question is whether or not Samsung Korea and Samsung Germany constitute the same legal entity for the purposes of jurisdiction, and that's for the court to decide. If the injunction remains lifted, Apple would have to take Samsung Korea to court in Spain, where the Office for Harmonization in the Internal Market for the EU is located, in order to seek an EU-wide injunction.

Though this may sound like a pretty basic jurisdictional issue for a court to be unsure on, even in the US we have yet to conclusively decide if a subsidiary can lead to jurisdiction over its parent corporation (the 9th Circuit says yes). Either way, the German court will come to a full decision on the issue of the injunction next week, and at this point it seems rather likely most of that injunction will be overturned.

FOSSPatents

David Ruddock
David's phone is whatever is currently sitting on his desk. He is an avid writer, and enjoys playing devil's advocate in editorials, and reviewing the latest phones and gadgets. He also doesn't usually write such boring sentences.

  • Feragola

    That and Apple Doctored the Evidence. There should be a 2 Bil. penalty imposed on them.

    • Jon Garrett

      +1

      yep, apple should be required to pay Samsung for damages AND legal fees.

  • http://rwj.me Richard W. Jones

    Hmm, how about Apple getting listed as a "vexatious litigant"?

  • L boogie

    The jurisdictional song and dance is a cover for the courts to indirectly say we screwed up by rushing to judgment without properly examining the evidence presented before us..... Just going to wonder what the legion of iMorons are going to do/ say now after knowing this. Btw, Apple wants to continue this after their known direct violation? Wow!!

    • Jon Garrett

      +1

      I dont know what iMorons are going to do but I can certainly tell you what they are NOT going to do. they're not going to report this story on apple fan sites, just like they didnt report the story about the doctored evidence apple made up to help their case.

      the Posts I made on apple fan sites like modmyi and idownloadblog keep getting deleted.

      • L boogie

        Keep up the good work, Jon..... The truth is bitter and most won't accept it though but lies and deception they would find comfort in

      • L boogie

        .Keep up the good work, Jon..... The truth is bitter and most won't accept it though but lies and deception they would find comfort in

  • J Rush

    So basically, Samsung just managed to fart in Apple's face? I love it. More power to Samsung! My example was what was on my mind at the moment.

  • scott

    TiPb covered a story on the doctored evidence... http://www.tipb.com/2011/08/15/apples-galaxy-tab-101-lawsuit-photos-misleading/
    They seem to be decent people, obviousy still pro apple with the update, but covered nonetheless.

  • http://www.advancedtechnologykorea.com Amy

    We're all hoping for some kind of amicable agreement. Both may be each other's #1 competitors but they are also what keep each other on their toes and gives us all great products and ideas! (@advancedtechkr)

  • Steve

    Samsung needs to ask for 2 billion dollars for falsification of apple injuction docs, and lost sales and trashing galaxy tab brand