The ongoing patent dispute between Samsung and Apple reveals only temporary preponderance as the companies change each other on winning position in turns. The cases that touch upon design and others visual matters always constitute the most complicated court procedure for judges because the evidences are rather obscure and involve broad concepts like “similar general impression of the product”. The law perfectly regulates and manages the facts but reveals vulnerabilities when it goes about feelings and other intangible aspects.
After long consideration the court rejected to cease its injunction on selling Samsung Galaxy tabs in Germany but made a concession and reviewed its decision about other European countries. The first step was to allow selling in non-EU member countries as they don’t report to European court. The second step gave even more freedom to Korean producer. The court limited the territory to Germany only where the ban has the force. The judge expressed the doubt whether the jurisdiction of Düsseldorf court extends to other 27 EU member states providing each state with the right to decide separately the legitimacy of Samsung selling.
Korean company was disappointed with the firmness and persistence of German court that didn’t allow the company to present its tab on big and powerful consumer electronics exhibition that will take place in Berlin on September 2. But the court stands its ground and rejects displaying Galaxy Tab 10.1.
The trial affected Galaxy S, Galaxy S II and the Ace models until the final decision to be made in October. In general Samsung says that they’re delighted with court decision as they lost only in interface issues and the court admits that the company didn’t infringe design patent rights as Apple previously said. Samsung declared that even in the worst case to counter court decision they would only have to improve interface in some applications that will deprive Apple of the grounds for its accusations.
If every the ban will be imposed only in some European countries then Korean leader will have to revise its distribution chain elaborating new logistic schemes for more efficient supply.