Under the Gavel: On all fronts

09.08.2011
An apple a day might keep the doctor away, but there’s no such pithy aphorism for the legal profession. Litigation is the gift that keeps on giving—or, taking, depending what side you’re on. Still, if there’s a gavel in our vicinity, you can bet dollars to donuts that we’ll be it.

Not literally, of course. That would be crazy talk.

Remember last week when Apple got the Samsung Galaxy Tab 10.1—or, at least, the Australian version of it—? Well, did you, did you hear the thunder? Because that’s the sound made by Tuesday’s news that Apple has been granted a preliminary injunction against Samsung in Germany, which could bar the latter from selling its 10-inch tablet anywhere in the European Union (except for the Netherlands, where Apple has filed a separate suit).

The legal situation is a bit convoluted: As , the decision stems from a case that Apple filed in a district court in Düsseldorf, Germany. Apple alleges that Samsung has infringed a [European] Community design on the iPad; since that design registration is issued by a European agency, however, the injunction can ripple throughout the EU, without the need for Apple to file separate suits in each country.

Mueller says that extending the injunction to the rest of the EU could require additional work, but that it may no more than a formality. And, as always in legal cases, the situation is fluid: The decision could be overturned by a court, or might persist until the hearing is concluded. But combined with Apple’s position in Australia, as well as , Cupertino would seem to have momentum on its side.