Apple is certainly on a roll with its most recent lawsuits against Korean electronics giant Samsung. Following the injunction that banned Samsung’s Galaxy Tab 10.1 tablet in Australia, and then in Europe, the Cupertino company has now been granted a preliminary injunction that prevents Samsung from selling any of its Galaxy smartphones across Europe.
Samsung has just seven weeks to cease sales of its Galaxy range with a deadline of October 13. However, according to FOSS Patents, there is a way Samsung can get around the ban.
Apparently, only three Samsung subsidiaries registered in the Netherlands have been forced to cease distributing the device. In theory, then, Samsung could send out Galaxy smartphones from its Korean headquarters and continue to sell them here in the E.U.
It’s also worth remembering that this is currently just a preliminary injunction, and while Samsung will have to pull its Galaxy range for the time being, a final decision on the matter is yet to be made. Just like the tablet case, the injunction will only apply to 32 countries in which a particular software patent, covering a “portable electronic device for photo management,” is recognized.
The case also applies only to Samsung’s smartphones, and not its tablets; so the Galaxy Tab 10.1 is safe on this occasion. And as noted by The Next Web, if the last court ruling is anything to go by, this injunction could be short-lived:
In that case, an injunction was set across Europe by the German court, but was soon lifted when it was unable to be determined whether the German court held jurisdiction enough to keep the sales from happening across the rest of the continent.
Apple is certainly doing its bit to give Samsung a rough ride, but will its efforts be worthwhile? Will the company’s complaints ever completely prevent Samsung from selling its existing devices? I can’t see it.