Samsung has found themselves in a spot of bother today as the District Court of Düsseldorf, Germany, has issued a preliminary injunction barring Samsung from distributing the Samsung Galaxy Tab 10.1 both in Germany, as well as the majority of the European Union because it violates patents held by Apple Inc.

According to the ruling, failure to cease sales will results in a $350,000 fine per violation or the imprisonment of Samsung’s management for up to 2 years should the infringements continue. Bizarrely, the original report in DPA points to Reuters as a source; however, there’s no article on Reuters website referencing the rulings. FOSS Patents has managed to get their hands on the ruling and is currently studying it.

The ruling excludes the Netherlands due to different laws there, but according to Florian Mueller, Apple already has a lawsuit underway there. Mueller also mentions that the Düsseldorf court has a reputation for siding with patent holders. Apparently about half of all patent litigation takes place in the District Court of Düsseldorf.

We should also point out that a preliminary injunction is not permanent, and is only granted if a company, in this case Apple, has a very strong case and the court believes the company can prevail in a full-fledged court hearing.

Note: If you’re looking for more info on the Apple and Samsung battle, check out our listing here.


Source: FOSS Patents
Via: The Next Web and TUAW

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