Apple vs Samsung – Did Apple’s Lawyer’s Commit a Procedural Error?

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15 Aug, 2011 6:37 pm


Last week Apple won a suit in the German courts that has stopped the sale of the Samsung Galaxy Tab 10.1 across Europe excluding the Netherlands.  Lawyers in Germany have started lending their expertise to the case and are pointing out some interesting facts.  Two German lawyers Oliver Garcia of the Delegibus blog , as well as Thomas Stadler over at Internet Law report that the District Court of Duesseldorf is not the appropriate court for this process.  What these two are saying is that the  Düsseldorf District Court does not actually have the ablity to stop European sales of the Samsung Galaxy Tab 10.1.  Essentially the basis of their argument is that the Community Design Patent was created in Alicante courts in Spain and that Apple should have gone to that court rather then the one in Germany to have it enforced.

What I’ve got below is a Google translated version of the articles that make what Apple has done in the German courts.  Its not perfect but it does give you an idea of what’s going on.

Under Article  82 para CDR 3 is the Commercial Court of Alicante only (Art.  81CDR)  responsible . The ECJ has already decided for other exclusive jurisdiction provisions, that they are also against the jurisdiction of the joinder of parties (Article  6  No. 1 EuGVVO / Brussels Convention) assert ( C-462/06 ). In Article  81 CDR, he will in all likelihood the same  decision .

Oliver Stadler supplemented it on Internet Law :

Although one could avoid the jurisdiction of the court in Düsseldorf also derived from Article 82, paragraph 5 Community Design VO because the violation threatened in Germany. Under Article 83 paragraph 2 Community Design VO this jurisdiction but limited to acts of infringement in Germany. An EU-wide ban can not be uttered.

I’ll be the first to admit that i’m no lawyer and the law is always up for interpretation, but if these two are right then when the case returns to trail on August 25, 2011 Samsung maybe able to win some serious ground. 


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