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| Authored by: Anonymous on Friday, November 09 2012 @ 04:54 PM EST |
I do believe that case was invalidated, otherwise the UK/Europe court would not
have said there is no injunction in place anywhere in Europe. I am not 100% sure
though.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Friday, November 09 2012 @ 05:07 PM EST |
I'm too lazy to find the actual German court ruling, but as
I understand it, apple sued in Germany on multiple grounds
(which is totally normal). The design patent (or whatever
it's called in Europe: "registered design" I think is what
the UK judges called it, I don't know what the German phrase
is) claim allowed Apple to ask for an injunction as a
remedy. That part of the German ruling was overturned, so
good-bye injunction. (Arguably, the German court never had
jurisdiction to hear that claim anyway, so the injunction
didn't have to be obeyed.)
I know nothing about German unfair competition law, but
apparently Apple prevailed on that separate claim and it
hasn't been overturned (yet?). I don't know what remedy
Apple won, but apparently it wasn't an injunction.
As an aside, it's quite interesting to watch European law
struggle with these overlapping legal issues after the
Maastricht treaty. How much longer will national bodies be
able to define "unfair competition" when the market is
Europe-wide?[ Reply to This | Parent | # ]
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