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.