Apple, Samsung and European Commission await Galaxy court ruling

Apple will have to wait until 9 September to find out if the court in Düsseldorf court will uphold the company's attempts to enforce a total ban on the sale of Samsung's Galaxy Tab 10.1 throughout Europe.

EU Digital Agenda commissioner Neelie Kroes tweeted on Thursday that she is "following the Dutch and German cases closely".

The battle between the two companies will continue well after September. The Northern California District Court has scheduled 30 July 2012 as the start date for a 13-day patent-infringement hearing.

Legal experts hold out little hope of the dispute being settled by the two parties before it comes to the San Jose court.

A court in the Netherlands had previously ruled in Apple's favour, banning sales of Samsung's device across the EU because Apple claimed it aped the iPad too closely.

Apple won a preliminary injunction against Samsung in the German court banning the sale of the tablet throughout Europe, but this decision was overturned after the Düsseldorf regional court ruled that it did not have the authority to implement such a ban.

The ruling was upheld in Germany, however, and both parties must wait until 9 September before the court makes its final judgement. Industry watchers are expecting the ban to be upheld in Germany, but not extended again to the whole of Europe.

Patents expert Florian Mueller said that the court does not appear to be impressed with claims that Apple deliberately misled it by submitting photos depicting a version of the Galaxy Tab which looked more similar to the iPad.

"At some point [the judge] told both parties' lawyers to discuss that kind of matter outside, but the court doesn't seem interested in it," he said.

"The judge appears to be firmly on Apple's side and considers the Galaxy Tab 10.1 an iPad rip-off."

Mueller believes that it is not impossible for the court to overturn the decision on 9 September, but is not very likely.

This could force Samsung to reconsider the design of its tablet. Lawyers argued earlier this month that the company should think about changing its design now.