 The Galaxy Tab 10.1 (right) is currently banned from sales in Australia, pending the result of Apple's lawsuit against Samsung. No reports of the iPad being banned have arrived yet. (Source: Daily Mobile)
 Apple CEO Steve Jobs has proudly admitted to "stealing" ideas from competitors, but argues that Android "steals" from his company's ideas and shouldn't be allowed to, legally. (Source: Jim Wilson/The New York Times)
Company will repay Samsung for lost revenue if it loses the case
Apple,
Inc. (AAPL) has scored a major
victory in latest round of lawsuits [1][2] courtesy
of a ban on Samsung Electronics Comp., Ltd.'s (SEO:005930)
Australian Android tablet sales.
Google
Inc.'s (GOOG) Android platform is outselling
the iPhone 2 to 1 and is growing at a faster pace than Apple. So
Apple is now trying to stifle its
competitor with lawsuits. It is currently suing all three [1][2][3] of the world's
largest Android handset makers.
This week, Samsung agreed to cease sales and advertising of its Galaxy Tab 10.1
in Australia, pending the outcome of a suit Apple filed against it in
Australian court. The suit is one of many that Apple has filed against
Samsung in international courts.
Like the other suits, in this one Apple contends that Samsung
"slavishly" worked to steal its intellectual property, including its
patented iPad design -- a thin rectangular tablet with a glass screen and black
bezel. Apple also claims Samsung stole its touchscreen technology.
In all 10 of Apple's patents are cited as being infringed.
Steven Burley, a lawyer for Apple, says the ban on sales was necessary as
Samsung made "announcements of an imminent launch of the Galaxy Tab 10.1
device ongoing since July 20."
So far Samsung has not made similar agreements in the North America, Europe, or
Asia. However, Apple is pursuing a preliminary injunction banning sales
in these regions.
Samsung is countersuing
Apple. The company has one of the world's largest patent portfolios
and holds more U.S. patents than Apple. Thus some legal experts believe
Apple may have picked an intellectual property fight with the wrong company.
Apple chief executive and co-founder, Steven P. Jobs has bragged about his mastery of stealing ideas from others, stating [video], "Picasso had a saying - 'Good artists copy, great artists steal.' And we have always been shameless about stealing great ideas."
Mr. Jobs contends Android
handset makers like Samsung, HTC, and Motorola should not be allowed to
"steal" the iPad and iPhone's copyrighted look and designs.
Critics have contended that Apple's patents are so broad that they cover
every smart phone and tablet in existence today, as well as non-mobile devices
like personal computers.
Apple has agreed to pay Samsung unspecified damages for lost sales, if it loses
the case. It is unclear if this agreement would cover lost sales in the
case of a "draw" -- a scenario, which could occur if both companies
win their respective lawsuits, forcing a cross-licensing agreement.
"We can't expect users to use common sense. That would eliminate the need for all sorts of legislation, committees, oversight and lawyers." -- Christopher Jennings
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