Galaxy Tab ban lifted for Samsung

Europe

Catherine White-staff reporter

[UPDATE]

The Samsung Galaxy Tab 10.1 can go back on shop shelves in parts of Europe again after a German court temporarily lifted its ban.

The Dusseldorf Court has temporarily lifted the ban in parts of Europe, but not Germany, while it examines whether its original ruling was appropriate.

Last week, the tab was banned from sale in Europe after the Regional Court of Dusseldorf issued an injunction in response to a patent infringement claim filed by Apple.

In the suit, Apple claims "it will suffer and is suffering irreparable harm from Samsung's infringement".

However, the court's injunction did not cover the Netherlands as Apple already has a separate lawsuit underway.

Additionally, the release of the Galaxy Tab 10.1 in Australia was also delayed after Apple filed a complaint with the Federal Court of Australia.

Apple accuses Samsung of "slavishly" copying its iPad and iPhone. The Dusseldorf Court is now debating whether it had the power to issue an injunction that applied outside Germany.

IP analyst Florian Mueller wrote on his blog, "I believe Samsung has a pretty good chance that this temporary partial suspension will result in a partial reversal of the preliminary injunction decision at next week's hearing."

Samsung spokesman Kim Titus said, "We will take all necessary measures to ensure Samsung's innovative mobile communications devices are available to customers in Europe and around the world."

The court is due to hear Samsung's appeal against the injunction next week.