Apple Succeeds in Banning Samsung's Tablets in Australia -- for Now
August 29, 2011 2:30 PM
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Samsung's Galaxy Tab 10.1 (right) bests the iPad in several categories, but is being blocked from competing against Apple's products in several markets, thanks to Apple's savvy legal team.
Apple is seeking to create an unchallenged court-enforced monopoly on the tablet market.
(Source: Ars Technica)
Samsung gives up its fight to stop injunction, will have to wait until the end of September to fight Apple
Apple, Inc.'s (
) bid to maintain its monopoly on the tablet market via litigation advanced on Monday, when Samsung Electronics Comp., Ltd. (
) announced that it would delay sales and marketing of its Galaxy Tab 10.1 tablet in Australia until a September ruling is made in the case.
I. "Free" Market?
Samsung's attorneys, in a
, shared, "Today, Samsung informed the Federal Court of Australia it intends to file a cross claim against Apple Australia and Apple Inc regarding the invalidity of the patents previously asserted by Apple and also a cross claim against Apple regarding violation of patents held by Samsung by selling its iPhones and iPads."
The tablet will be banned from sales and marketing in Australia until a final verdict is delivered on Sept. 26.
The Galaxy Tab 10.1 is
thinner and lighter
than the iPad 2. It also has a larger, higher resolution display, more DRAM, a higher resolution camera with LED flash, and a second speaker. Further the Galaxy Tab offers customization, widgets, and Adobe, Inc.'s (
) Flash rich media platform -- privileges Apple denies its users.
Despite all these seeming advantages it may never get a chance to compete with Apple's iPad in the "free market" in many regions. Apple claims it owns exclusive rights to the minimalist tablet design and can block any would-be competitors from entering its market. Apple obtained these patents based on fantasy and prototypes, as it filed them five years before it released a commercial tablet.
Apple has filed suits [
] against Samsung in many international courts, claiming Samsung "slavishly" and illegally copied its treasured tablet design. Apple also alleges that Samsung, via use of the Google Inc.'s (
) Android operating system, violates its
patents on multi-touch gestures
, patents it received despite much of the covered technology being developing at non-affiliated research institutions
in the 1980s
(e.g. computer science researcher Myron Krueger developed the pinch-to-zoom gesture in 1983).
Samsung, meanwhile claims that Apple violates its wireless communications intellectual property. While many of these patents also have a great deal of prior art, it should be noted that Samsung did not initiate litigation against Apple, only counter-suing after Apple tried to remove its products from the market.
II. Despite Netherlands Setback, Apple's Monopoly Plans Move Ahead
Thus far Apple seems to have been given preferential treatment in Australia as it is allowed to continue to sell iPads and iPhones, despite Samsung's active lawsuit against it. Likewise in Germany, Samsung sales are currently
, but Apple's are not.
In the U.S., the Galaxy Tab 10.1 is currently for sale and has not been taken off the market. Apple and Samsung will attend a
U.S. International Trade Commission
on Oct. 13
, which will decide whether to
temporarily ban Samsung's device imports
into the U.S., pending a final ruling. Almost two months later -- in Dec. 3 -- a
will decide whether Apple's products should receive a similar ban on imports.
In the European Union a German court has banned sales and marketing of the Galaxy Tab, pending a final ruling, which was
to Sept. 9. Initially the ban was said to cover the entire European Union, but the German court amended the scope to just Germany, as it did not have the authority to block sales in other nation states.
The German ban is especially painful for Samsung as it can't show off the Galaxy Tab 10.1 at one of Europe's biggest mobile trade shows, the
, which is running Sept. 2 through 7 in Berlin. A defiant Samsung, however, has found a way to sneak around this ruling by
showing its upcoming Galaxy Tab 8.9
-- a Honeycomb tablet virtually identical to the 10.1 inch model, but not listed in the Apple lawsuit.
Elsewhere in the EU, a Netherlands judge ruled that Samsung
only infringed upon a single Apple patent
. The first major ruling internationally, was perceived as an overall victory for Samsung, as it gave Samsung until October to make a minor modification to Honeycomb's built in Gallery app to remove the infringing features. Significantly, the court ruled that Apple's claims of design violation were invalid and that Samsung did not violate other key multi-touch patents as Apple claimed.
] put Q1 and Q2 2011 tablet sales at around 22.3 million, cumulatively. Of these, Apple has seen sales of 14 million units (appr. a 62.7 percent market share), Samsung has seen sales of 7.5 million units (33.6 percent market share), and other manufacturers have sold approximately 820,000 units (3.7 percent market share).
With Samsung gone, Apple would gain a virtually unchallenged monopoly deathgrip on the market. And just in case pesky challengers like HTC Corp. (
) should gain ground by Samsung departure, Apple is suing them too [
], trying to prevent their tablets from reaching the market as well.
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Can we all do something?
8/29/2011 3:19:06 PM
Can we just ignore Tony Swash and his shit storm of comments purposely written to wind us all up?
He's nothing but a silly troll that really needs to grow up and act his age. He adds absolutely nothing to the topic at hand. His opinions are always of extreme religious-like bias. He's never once complemented or even acknowledged the work of others. It's all about Apple. I think I've only once seen Tony comment on an article that was not related to Apple.
He needs constant self-assurance that the decision to lock himself into the world of Apple was the right one. He loves to rub the success of Apple in the faces of everyone here, like a child with the latest toy. But come on, what more can we expect from someone so deep within the Apple ecosystem?
An electronic toy with an half bitten Apple on the back seems to define the entire attitude and personality of people like Tony Swash. Elitist at its purest.
So let's just give him his -1 and move on. Forget his posts. It's not worth getting wound up about.
RE: Can we all do something?
8/29/2011 3:34:55 PM
LOL he has a career 0.60 lifetime poster rating. I don't think it's possible to get much lower than that. Hell compared to him I'm a beloved figure around here hahah :)
RE: Can we all do something?
8/29/2011 5:15:19 PM
I think he was outdone by reader1, but he was a true troll to the core.
RE: Can we all do something?
8/29/2011 6:04:11 PM
He's not trying to rile anyone up, he seriously is just that stupid and an ignorant follower of Jobs. He probably has Christmas lights on his roof all year round in the shape of an apple with a bite taken out of it.
"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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