Andreas Vitek, spokesperson for the lower regional court of Dusseldorf, said during a Tuesday hearing that in case Judge Johanna Bruckner-Hofmann was allowed to go through the case, the preliminary injunction and ban on Galaxy 7.7, 8.9, 10.1, 10.N and 10.1V may be overturned. Cupertino would end up losing the sales ban and the Korean electronics giant would probably have a field day out of this ruling.
According to Vitek, the preliminary injunction doesn’t guarantee a complete sales ban and in case Apple loses the main proceedings, the ban will be overturned. As of now the Galaxy Tab 10.1 will be banned in Germany and the European sales ban on the Galaxy Tab 7.7 will remain until the judge rules in this case, Vitek said.
The initial sales ban on Samsung Galaxy Tabs was granted to Apple as it used design rights that were registered back in 2004. Apple changed its stance a little later and targeted Samsung with a new set of design right it acquired in 2010 for the main proceedings. Apple did manage to find success with its 2004 design rights but, it was denied an injunction over Motorola Xoom when it used the 2010 rights.
The Galaxy S III maker is disputing the validity of the new design rights at the Trade Marks and Designs Registration Office of the European Union – the place where Cupertino has registered its European design rights said Vitek. The court needs to wait for a decision from the registration office before it can move forward with the main proceedings said Vitek.