Apple Inc. filed a complaint with the Federal Court of Australia involving a Samsung GALAXY Tab 10.1 variant that Samsung Electronics had no plans of selling in Australia. No injunction was issued by the court and the parties in the case reached a mutual agreement which stipulates that the variant in question will not be sold in Australia.A Samsung GALAXY Tab 10.1 for the Australian market will be released in the near future.This undertaking does not affect any other Samsung smartphone or tablet available in the Australian market or other countries.Samsung will continue to actively defend and protect our intellectual property to ensure our continued innovation and growth in the mobile communication business.
The Sydney Morning Herald listed Apple's patents-in-suit at the end of this article. Theoretically, Samsung could indeed build an Australian Galaxy Tab 10.1 that would not infringe those patents, but in order to work around those patents, it wouldat least suffer serious degradations of the user experience, potentially even the removal of all multi-touch functionality. That kind of product could of course be built, but who would want to buy it?...I invite Samsung to explain why the Australian version of the product will be more defensible than the U.S. version as far as Apple's asserted, mostly multi-touch-related, patents are concerned. Absent a plausible explanation, Samsung's comment on the Australian situation only serves as additional confirmation that Apple is making headway (which doesn't necessarily mean that Apple will get an injunction, but Samsung doesn't exude confidence as far as the asserted patents are concerned).