Samsung Fail To Secure Ban Lift In German Apple Case

Samsung have failed to secure an injunction against a sales ban slapped on them in a German court.

Samsung have failed to secure an injunction against a sales ban slapped on them in a German court. Samsung had previously lost a case filed by Apple in which Apple protested that Samsung had infringed on their design patents and therefore should not be allowed to sell their Galaxy Tab devices in Europe.

In the course of the case, the court declined to issue a ruling that would ban the sale of the devices across Europe but did uphold a decision to have Samsung Galaxy Tab 10 banned from sale in Germany. Moreover, the court also found Samsung guilty of infringing upon fair competition laws in its introduction of the Galaxy Tab 10 into the German market.

This latest ruling came after Samsung filled for an injunction in the higher Düsseldorf Higher Regional Court seeking to quash the lower court ruling. This was however not forthcoming as the higher court upheld the lower court ruling. Samsung and Apple have been involved in a number of court cases with each party suing the other for a number of patent infringements. So far, Samsung have lodged two cases against Apple, both of which have been thrown out of court with no clear reasons why.

Nevertheless, Samsung are preparing other cases that they hope to submit to court going forward. Apple have however also had their fair share of lost court cases with the most recent being a case against HTC where the court awarded Apple an impotent  ruling that only required HTC to provide a software update to circumvent the ban. Additionally, a Dutch company is currently considering another Apple case versus Samsung in which Samsung have submitted a different version of the Galaxy Tab in a bid to convince the court to allow sales to proceed.

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