Last week we reported that the German courts upheld the injunction on the Samsung Galaxy Tab 10.1, scoring Apple a major victory. As it turns out that may be a hollow victory for Apple as the Samsung Galaxy Tab 10.1 is still being sold in Germany, all thanks to a legal loophole that we’re guessing Samsung is happily making use of.
The loophole is such that it states that Samsung’s German division is not allowed to sell the Galaxy Tab 10.1. This is due to the German court’s jurisdiction which is limited to just the German division of Samsung, which means that as long as they themselves do not sell the tablet, they are technically complying with the court’s orders.
What this means is that Samsung’s divisions from the other parts of the world, such as their headquarters in Korea, are allowed to freely distribute the Samsung Galaxy Tab 10.1 as much as they want, unless of course Apple manages to successfully challenge the Galaxy Tab 10.1 in Samsung’s own country.
As we had previously reported, Samsung still has the right to challenge the court’s decision by appealing to the high court, but given this loophole, do you think Samsung should challenge the decision and further complicate things, or do you think they should leave well enough alone and just enjoy the loophole while it lasts? I guess we will have to wait and find out and see Samsung’s next move.
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