Apple loses in Oz; Samsung to sell Galaxy Tab again

By Richi Jennings (@richi ). Apple (NASDAQ:AAPL) seems to have lost its battle to block Samsung (SEO:005930) (LON:SMSN) from selling its Galaxy Tab Android tablets in Australia. The pomaceous protagonist has until Friday to change the...

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By (@richi ).

Apple (NASDAQ:AAPL) seems to have lost its battle to block Samsung (SEO:005930) (LON:SMSN) from selling its Galaxy Tab Android tablets in Australia. The pomaceous protagonist has until Friday to change the Federal Court's mind.

  • On the one hand, Apple is smarting that its popular products are being "blatantly copied" by competitors.
  • On The Other Hand, the court says there's insufficient evidence to prove that case, so it was perhaps unreasonable to block Samsung's sales in the first place.

Plus, today's skateboarding duck: Klaatu barada nikto...


Spandas Lui reports:
Justice Dower, Justice Foster and Justice Yates [have] now ruled that Samsung should be able to sell the Galaxy Tab 10.1 in Australia. ... Apple applied for a stay on the decision until Dec. 5. ... Samsung opposed Apple's request for a stay, noting it had already suffered enough.
...
The Full Court has granted a stay on the decision until Dec. 2 at 4 pm. Apple can submit evidence to oppose the decision until that time. ... Apple has launched similar court action against Samsung in several other countries. ... Samsung isn't taking it from Apple lying down, launching its own countersuit in Australia. more.png


Dave Neal adds:
Apple won the ban against the Galaxy Tab 10.1in tablet in September, at which time Samsung promised to fight it. There were suggestions that it might have waited until next year to respond with its arguments, which would have made it miss out on the important holiday sales season. It will have a good few weeks to punt its hardware now, though.
...
Apple...said that it will continue to pursue Samsung. ... "It's no coincidence that Samsung's latest products look a lot like the iPhone and iPad. ... This kind of blatant copying is wrong, and we need to protect Apple's intellectual property." more.png


Yoni Heisler rolls his eyes:
But as you might expect, this isn't the end of the legal tug of war. The...temporary stay [means] that the Galaxy Tab 10.1 will still be barred from sale until Friday. ... Naturally, Samsung's lawyers [are] arguing that it worked to "prolong the injustice."
...
Still, Samsung must be exceedingly pleased that their tablet will now likely be available...during the busiest shopping period of the year.  more.png


Richard Chirgwin analyses the proceedings, and it's more bad news for Apple:
As is noted by the...Court in its judgment, the short market life of products like the Galaxy Tab 10.1...means that what happened today was...the end-game: “the grant or refusal” of an injunction...“will effectively determine the matter on a final basis.”
...
But there is more at stake than just an injunction...the Federal Court in full bench is somewhat skeptical regarding Apple’s patent claims. ... “If Apple has established a prima facie case at all (which we doubt), it is founded upon a construction argument which...is unlikely to succeed at trial.” more.png


But Nick Farrell has been watching too many Crocodile Dundee reruns:
It appears that the judges felt that the preliminary injunction, which was made without Samsung making its case was not "fair dinkum".
...
It does not of course mean that legal tactics to keep the products off the shelf until they had become old and smelly have failed. ... Apple has blocked Samsung from selling its tablets in Germany.  more.png


Today's Skateboarding Duck...



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Richi Jennings Richi Jennings is an independent analyst/consultant, specializing in blogging, email, and security. His writing has previously won American Society of Business Publication Editors and Jesse H. Neal awards. A cross-functional IT geek since 1985, you can also read Richi's full profile and disclosure of his industry affiliations.