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Samsung Galaxy EU Ban Postponed, Apple accuse Samsung of ‘Slavishly Copying’ iPad

Updated August 17,2011

The Europe-wide ban on sales of the Samsung's Galaxy Tab 10.1 has been lifted temporarily as questions were raised regarding the legitimacy of the court's decision to enforce such a wide ranging ban. A court will look at whether or not the original ruling was appropriate later this month.

This is sure to be an issue high on the agenda of Apple Inc., who had applied for the injunction originally, arguing that Samsung had infringed on their patents in developing the Galaxy Tab. Not only will Samsung be able to sell their product and receive the short term financial benefits of that, but it also appears that, for the time being at least, Apples argument that Samsung had 'slavishly' copied the iPad in developing the Galaxy Tab has failed to prevent a genuine rival to the iPad being launched.

It is thought that the Dusseldorf court that passed the ruling did not have the jurisdiction over a Korean company, nor is it thought that it had the right to enforce a ban on sales in the entire EU, with the exception of the Netherlands. If the new court rules that the original ruling was inappropriate, it would reaffirm the view of many that Apple's pursuing of design-related legal enforcement has become overzealous to the point of protectionism, designed only to stifle competition to their current dominance in the tablet computer market. The ban still applies in Germany.

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