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So who will come out on top?

Updated August 26,2011

Both Apple and Samsung have enjoyed significant victories in the courts of Dusseldorf. Just days after Apple was granted an EU sales ban against Samsung's Galaxy Tab, they found their victory short-lived as the ban was put on hold due to jurisdictional doubts. The court's indecisive nature shows that the courts are open to change their minds and perhaps completely overturn its original verdict. As Samsung claims, although the courts in the EU have the authority to issue bans that can cover a whole region it is debatable whether Germany could issue bans beyond its own boundaries.

Furthermore, although Apple can sue Samsung's German unit to be banned, the case becomes a lot more complicated if Apple looks to also ban the Korean parent. According to Magnus Hirsch (IP lawyer at SKW Schwarz in Frankfurt), one can sue a non-EU-based company is it has a subordinate in the EU, but if the two units were set up independently of each other, then it is unlikely that Apple will be able to ban the Korean parent in the EU.

If Apple is unable to convince judges to put the EU ban against the Galaxy Tab back into the motion, they may still try and sue Samsung in each EU state, as they have already successfully done in Netherlands. Furthermore, there is speculation that if they fail in the courts of Germany, Apple may take the case to Spain, where the agency that registered its intellectual property is based. For Apple Mac software, please check the link for details.

So who has the most to lose in this battle? If Apple gets its way, Samsung's ability to compete in the tablet market would be seriously damaged; furthermore, it could lose almost 10% of its estimated total for the coming year. Also, as well as sales; Samsung's reputation will also be damaged. Apple on the other hand, only risks damages if they lose this dispute, as Timo Ehmann (IP lawyer in Munich) states: "Apple most likely has balanced that risk against the value it takes from preserving its singular status in the tablet market for as long as possible."

 

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By Anna Herdman

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