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Samsung sales injunction won't kick in prior to patent validity check


Stick with us here. A German court has ruled that Samsung will be able to fight to protect the sale of its products before an argument over the actual patent involved in those products is resolved in favor of either company.

If that sounds confusing, it's because it is. Usually, in Germany, companies can sue for injunctions before the patents in question are ruled valid or invalid, to stop sales of a certain product immediately. If the patent is then ruled invalid (meaning that the competitive device is actually not infringing it and will not need to be changed), there's a compensation system in place to make good the lost sales income. If it is a valid patent, then sales were rightfully blocked.

But in the case of Apple accusing Samsung of using photo gallery technology it has previously patented, the German court has ruled that Samsung will be able to try and stop the injunction, even before the patent argument has been decided. If Samsung is able to block the injunction, then, it will be able to keep selling its phones, even if the eventual patent dispute is resolved in Apple's favor.

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