The Düsseldorf Higher Regional Court (an appeals court) has upheld a preliminary injunction against the Samsung Galaxy Tab 10.1 and has confirmed that the smaller Galaxy Tab 8.9 falls within the scope of that injunction.
“The ruling validates Apple’s decision to bring claims against the Galaxy Tab 10.1,” notes FOSS Patents (http://fosspatents.blogspot.com/). “Apple’s actions may have been aggressive, but they weren’t unreasonably overreaching. At the very least, there can be a genuine dispute over this issue. But the strength of Apple’s Community design is increasingly questionable.”
In related news, the European Commission has opened a formal investigation to assess whether Samsung Electronics has abusively, and in contravention of a commitment it gave to the European Telecommunications Standards Institute (ETSI), used certain of its standard essential patent rights to distort competition in European mobile device markets, in breach of EU antitrust rules. The opening of proceedings means that the Commission will examine the case as a matter of priority. It doesn’t prejudge the outcome of the investigation, according to the European Commission.
Finally, “Computerworld” (http://macte.ch/GNCuX) reports that Apple has appealed a Chinese court ruling last December that rejected its ownership of the iPad trademark in the country “and could expose the company to trademark infringement lawsuits from a local company.” Apple filed the appeal on Jan. 5 with the Higher People’s Court of Guangdong Province, according to a statement from Proview International, a Chinese display monitor company that claims control over the iPad trademark in mainland China.