Legal activist and consultant Florian Mueller is quickly reversing himself on Samsung's chances to get Apple's over-reaching, anti-competitive preliminary injunction against its tablet computer lifted. The German court today lifted most of the previous order barring Samsung from selling the Galaxy Tab 10.1 in all of the European Union except the Netherlands.
Now even Mueller sees Apple's efforts to bar competitors with phony filings about community design as a stretch:
Should the court really find that the Düsseldorf court didn't have personal jurisdiction over a Korean company, this would reinforce a lot of people's impression that Apple's enforcement of design-related rights is, even though understandable to a certain degree, overreaching in some areas.
-FOSS Patents blog, August 16, 2011
As part of today's post, Mueller notes that Samsung now has a "pretty good chance" to get a permanent reversal of most of the preliminary injunction at a hearing next week. A few days ago, he was predicting the exact opposite, that it was "far more likely" the court would uphold the injunction. Mueller is quickly becoming a not-favorite here at TOV.