The Munich Regional Court rejected the iPhone maker, Apple bid to get an initial ban on sales of Samsung Electronics Galaxy 10.1N and Galaxy Nexus mobile phone. The decision comes a day after a Dusseldorf Court appeals upheld Apple’s request to ban sales of Galaxy Tab 101.N – the predecessor model.
“Samsung has shown that it is more likely than not that the patent will be revoked because of a technology that was already on the market before the intellectual property had been filed for protection,” Presiding Judge Andreas Mueller said when delivering the ruling.
European Union announced yesterday that it will “formally” launched an investigation that whether the South Korean Electronics giant is breaching the antitrust rules in its legal battles against Apple – it’s rival. “The (European) Commission will investigate, in particular, whether in doing so (seeking injunctions on patent infringements in 2011) Samsung has failed to honor its irrevocable commitment given in 1998 to the European Telecommunications Standards,” the EU executive said.
Judge Mueller said he and his two colleagues on the bench don’t follow the jurisprudence of the courts in Dusseldorf and Mannheim, which don’t typically grant emergency requests over recent patents. “We don’t share the idea that young patents are less valuable than those who have survived for a longer period of time,” said Mueller. “We don’t think that would be in line with European rules of enforcing IP rights.” The South Korean Giant loses two lawsuits already against Apple – Samsung pertaining to the 3G / UMTS standard (first lawsuit) and 3G Patent complaint (second lawsuit).