Originally Posted by Hiro
Mannheim Germany is the one I remember offhand, and it was a slam dunk final win. With the caveat that a ruling in court A still gets subject to the full appeals process. An injunction is final after the fact, that wasn't a preliminary injunction.http://fosspatents.blogspot.com/2012...n-against.html
The other one I think was actually just slide-to-unlock surviving attempts by Samsung to have it tossed, so it wouldn't be final yet, but looking positive. Apparently an expected ruling is in two weeks (16 March), in the same court. Precedent anyone???
The patent's validity hasn't yet been challenged in the German court (AFAIK), and was not really a consideration in the Mannheim ruling. For the sake of an injunction the German court cared more that a patent had been issued. Whether the patent was actually valid to begin with was not their concern at the moment. There's a reason these guys go to the German courts to file for injunctions. Do you see Apple filing the same patent infringement claim in any other EU country? France or GB? Perhaps even Italy? IMHO Apple is concerned that the patent could be ruled invalid and isn't willing to take that chance, at least yet.
If I understood correctly Apple could have blocked the import of Samsung Tab's throughout Europe if they had been able convince the Dutch court that their slide-to-lock patent was probably good. That court used different standards and considered the argument differently than in Germany, and in a setback for Apple said the patent was obvious, trivial and had prior art. For those reasons the Dutch judge said in official court docs that the patent was probably invalid.
EDIT: FOSSPatents is reporting this morning that Apple's Slide-to unlock patent infringement claim against Samsung has been tossed out. That still leaves a German utility model claim
to be decided.
The more I read about German legal filings the more I see how different that country is from the rest of Europe. Now a utility model? It's quite differnt from EU patent filings. The first thing I see is that if the prior art (Neonode for instance) didn't originate in Germany, then it won't be considered under a German Utility Model. Curiouser and curiouser. . .http://www.abitz.de/En/GermanUtilityModels