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Samsung Overturns Apple Ban on Sale of Android Tablets
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Samsung has won an order temporarily overturning Apple's injunction against the sale of its Android tablets in the European Union - in all EU countries except Germany, where the injunction remains in force.
Samsung is appealing against the ruling in its entirety, and the court case is due to be heard late next week.
The decision is reportedly due to how Apple filed its original motion and how German courts treat subsidiary companies within Europe, and it would appear that Apple got its terminology mixed up. So the lifting of the injunction is based on a legal technicality rather than any suggestion that Samsung is winning the argument about whether it has copied Apple's iPad design.
The injunction in the Netherlands is still being argued in court.
However, a Dutch website, Webwereld noted that Apple seems to have been manipulating the images of the Samsung Galaxy Tab in their legal filings to make the two devices look more similar than they really are.
Patent law blogger Florian Mueller told BBC News that attempting to deliberately mislead the court would have been extremely foolish, given possible criminal penalties.
"I cannot imagine that any sane person would take a risk and intentionally manipulate evidence in this context.
"With different product versions being sold on different continents, and different pictures showing up at different points in time, someone may have been confused, but that's the worst-case scenario I can realistically imagine here," he added.
On the web: Foss Patents - BBC News - Webwereld
Tags: [samsung] [apple] [apple ipad] [samsung galaxy tab 10.1] [samsung galaxy tab] [samsung galaxy tab] [Germany]
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