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German Retailers Can Still Legally Sell the Banned Samsung Galaxy Tab 10.2

A month ago Apple filed in infringement case against Samsung in Germany that got the Samsung Galaxy Tab 10. banned in germany,Those in the know will be aware of Apple’s multi-pronged attack on Korean tech giant Samsung for infringement on patents pertaining to i-products versus Galaxy Tabs across various countries worldwide. Despite success in the German courts which initially suspended 10.1 sales across Europe, a somewhat peculiar revelation (the German courts suddenly realized they didn’t have jurisdiction over the whole of Europe) in turn only restricted sales to within Germany.

Samsung have no right to promote or sell the 10.1 in Germany, the ban ends there, any other retailers can stock, sell and even restock Galaxy Tab 10.1′s providing they don’t get them directly from Samsung Germany.

This means that Samsung cannot directly sell the galaxy tab in Germany nor  Market it, but the law is Applicable to Samsung only, Hence, while Samsung Germany may no longer sell or advertise the Galaxy Tab 10.1, this ban does not cover anybody else. So, retailers will still be able to sell the device – including purchasing new stock from other Samsung branches.

Not only are retailers allowed to sell existing stock (so, they won’t be taken off the shelves as Apple demanded in the Dutch case), they are also allowed to restock the device – as long as they don’t purchase it from Samsung’s German branch. In other words, Samsung’s Korean branch can sell the device, or they can restock from other local branches in Europe.

Media Markt, for instance, one of the largest electronics retailers which operates in both Germany and The Netherlands, could easily circumvent the ban by routing everything through The Netherlands. Media Markt told Reuters it doesn’t yet know how the ban will impact their business. Samsung itself, too, could probably make a few administrative changes to route all shipments to Germany through something other than the German branch.

So, it would seem that this victory is mostly symbolic in nature, which is good news for German consumers – their choices won’t be limited because Apple is afraid of competition.