news Apple has reportedly won a temporary injunction against Samsung selling in Australia its iPad rival tablet, the Galaxy Tab 10.1, until the legal wrangling over patents between the pair is resolved. Gizmodo reports:
“Federal Court Justice Annabelle Bennett has just delivered her verdict on the temporary injuction against Samsung selling the Galaxy Tab 10.1. Apple has won the injunction, with the comment from the judge being that it was “appropriate” to grant a temporary injunction.”
“In the Federal Court this morning, Justice Bennett granted Apple an interim injunction against Samsung. The effect of this injunction is that Samsung is prevented from selling (by whatever means) the Samsung Galaxy Tab 10.1 in Australia until the matter is finally decided. Any attempts to sell the device would likely be brought up as a contempt of court matter, which would almost certainly result in hefty penalties for Samsung.”
ZDNet.com.au has a great deal of further detail on the judgement, including comments from Justice Annabelle Bennett to the effect that she weighed the ‘balance of convenience’ to both sides in the matter.
Apple filed suit on the matter in the Federal Court in early August, arguing that the version of the Galaxy Tab 10.1 which Samsung had planned to launch that month in Australia breached a number of Apple patents. Samsung consequently filed a countersuit, and the scope of concerns in the case has subsequently been narrowed. Apple and Samsung have also both been active on the issue internationally in other legal jurisdictions.
Samsung issued a statement this afternoon stating it was “disappointed” with the ruling and would be seeking legal advice on its options. “Samsung will continue its legal proceeding against Apple‘s claim in order to ensure our innovative products remain available to consumers,” the company said.
“This is a part of our ongoing legal proceeding against Apple’s claim. Samsung is also confident it can prove Apple’s violation of Samsung’s wireless technology patents through a cross-claim filed on September 16, 2011 with the Federal Court of Australia, New South Wales.”
“Our wireless standard patents are essential for mobile business. We will continue to legally assert our intellectual property rights against those who violate Samsung’s patents and free ride on our technology.”
It is believed the injunction allowed this morning — although temporary — may have a drastic impact on the company’s plans for the tablet locally — including potentially seeing the launch cancelled altogether. Samsung has previously said any delay in the tablet’s launch locally could significantly impact its impact on the market.
An initial 7″ version of the Galaxy Tab launched in November 2010 through all of Australia’s major mobile carriers, while Vodafone has also been selling a version dubbed the 10.1v. This model is very similar to the 10.1 model which Samsung had planned to launch in Australia soon; and it shares a number of features, such as a similar screen size and functionality, with Apple’s iPad tablet.
Apple has argued the launch of Samsung’s tablet would occur “with the velocity of a fire hose”, with customers being seduced away from its iOS platform and onto Google’s Android platform which Samsung and other manufacturers use.
However, statistics released by analysts over the past few months continue to show that, despite the launch of many rival tablets over the past six months, Apple overwhelmingly dominates Australia’s tablet market. The popularity of the iPad is largely attributed to the device’s mature operating system, solid hardware and software ecosystem, alongside Apple’s first-mover advantage in the space, which lasted for the better part of a year.
Image credit: Samsung
Scamsung
Good one mate. Check this out: iPoo. Heh.
lol every time I read your username I cack myself. “Goku Missile Crisis”. So awesome :)
Well, I was teetering on the purchase of an Nexus Prime (samsung phone) when that is released, and a 4s.
Nexus Prime it is.
Why do I suspect all this court room activity is doing more to hold back technology than anything else. Let them release the products because in the end it is the consumer who will be the ultimate judge on the product.
The reality is you will still be able to buy the iPhone 4S on import … it will just be a pain in the ass.
Here’s the patent system working against innovation. How is preventing new products coming to market helping anyone (except Apple and their lawyers)?
+1
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