Source: The Korea Times
Date: August 17, 2011

Samsung Electronics Co. has gained an upper hand over Apple Inc. in the ongoing patent dispute between the tech behemoths as a German court lifted a Europe-wide sales ban on the Korean company's latest tablet computer, industry sources here said Wednesday.

A Dusseldorf court on Tuesday accepted Samsung's request to reverse last week's injunction against the sale of the Galaxy Tab 10.1 across Europe, excluding the Netherlands, where a separate trial is under way. Apple had sought the injunction, claiming Samsung has violated its patents.

The latest ruling allows Samsung, the world's No. 2 mobile phone maker, to sell its products outside Germany. The court is slated to begin a hearing on the ban in Germany on Aug. 25.

"The decision helps us to sell the Galaxy Tab in Europe except in Germany and the Netherlands," said an official from Samsung. "Apple was reckless from the beginning. Now the situation is leaning in our favor."

He said that because the German court lifted the sales ban imposed on the South Korea-headquartered company, and not its German unit, it would be possible to sell its goods outside Germany.

The decision by the German court will pave the way for Samsung to secure an advantageous position in the current litigations, according to company officials.
Samsung and Apple are engaged in a fierce, global legal dispute that spans regions from Europe to Australia.

Apple has claimed that Samsung's Galaxy series of products, which includes tablet PCs and smartphones, copied its iPad and iPhone, prompting the U.S. firm to file several lawsuits against the South Korean company.
Sales of the Galaxy Tab have been banned in Australia. Samsung has also filed countercharges against Apple.

"The final decision of Samsung's countersuit against Apple will be made on Aug. 25," the Samsung official said. "Even if a court rules in favor of Apple, that will not affect the decision against the injunction. We will be able to sell the Galaxy Tab in other European countries." (Yonhap)