A pivotal hearing in the legal dispute between Apple (NSDQ: AAPL) and Samsung in Germany over whether the Galaxy Tab can be sold in Europe will take place on August 25th, and could mark a turning point in the legal battles between the two companies.
Samsung has been slapped with a preliminary injunction barring the sale of the Android-powered Galaxy Tab tablet following a complaint from Apple asserting a community design intellectual property right, something that’s unique to the European Union. As a result, Samsung isn’t allowed to sell the tablet anywhere in Europe except for the Netherlands, where a separate case is pending.
It will get the chance to argue its case on August 25th, according to multiple reports out of Germany Friday. However, despite claims to the contrary, Samsung was able to present a limited argument to the courts prior to the decision regarding the preliminary injunctions, according to FOSS Patents. It wasn’t the same as being given the opportunity to personally present its case to the judge, but neither was Samsung caught quite as flat-footed as it suggested in statements after the injunction went into effect.
If Samsung loses the case in Germany, it will have no choice but to work out a settlement with Apple in what will probably require substantial financial compensation. Apple has pledged to fight the various intellectual property cases it has brought around the world, but most intellectual property cases wind up in settlement due to the expense of both prosecuting and defending the claims.