I’ve read Mark Schweizer’s report in IPKat over the preliminary injunction obtained by LG against Sony PS3, at the district court of the Hague (once again acting as a de facto EU Community Patent Court?) and some questions came to my mind.
As Mark reports, “LG based its claim on patents (allegedly) covering the Blu-ray playback facility of the PS3”.
We don’t have much information but I belive the preliminary injunction affects a modification introduced by Sony in its product. Otherwise it would be difficult to understand how a preliminary injunction is granted against a product that has been sold for several years.
On 17 November 2006 the magazine PCWorld made especial reference to PS3’s “support for the Blue-Ray Disc format” (here). Furthermore, in the Instruction Manuals express mention is made to the Blue-Ray discs that it can read. The 2006 Instruction Manual can be found here.
Preliminary injunctions are traditionally granted when there is a threat of an irreparable damage or injury. I don’t think this would be the case of a product sold for more than three years. If LG failed to request a preliminary injunction in 2006, which irreparable damage or injury can now be claimed?
I’m definitely missing something. Does the injunction affect a modification introduced in the last model of the PS3? We will see.
Thursday, 3 March 2011
LG vs Sony (PS3) - Preliminary injunction
Professional practice mainly focused on IP and Competition Law. General advising, judicial and extrajudicial defence (including the coordination of litigations in several jurisdictions) in relation to patents, marks, designs, domain names, e-commerce, as well as commercial contracts.