Print 33 comment(s) - last by Cheesew1z69.. on Oct 14 at 10:09 AM

  (Source: Paramount Pictures)
Apple extends its Galaxy Tab 10.1 ban from Germany to Australia

When it comes to protecting its intellectual property, Apple has recently been on the warpath. Unfortunately for Samsung, it has been on the receiving end of a barrage of legal challenges from Apple. Samsung’s Galaxy Tab 10.1 has already been kicked out of Germany (Europe’s third largest tablet market), and now Apple has won an injunction against the Galaxy Tab 10.1 in Australia.
The Sydney Morning Herald reports that Apple was granted an injunction against Samsung with regards to its Galaxy Tab 10.1. Samsung had previously stated that it would not introduce the Galaxy Tab 10.1 in Australia until the judge’s ruling was handed down; now it appears that the Galaxy Tab 10.1 will likely never legally see the light of day in the country for "slavishly" copying Apple's iPad.

Samsung made a last ditch effort earlier this month to appease Apple by offering to remove two offending touch-related features from the Galaxy Tab 10.1, leaving just one touch-related patent in dispute – Apple soundly rejected that offer.

It should be carefully noted that the injunction has nothing to do with the actual look of the Galaxy Tab 10.1, but the aforementioned patents on touch interfaces. The infringement comes courtesy of a heuristics patent (AU 2007286532) and a patent involving the manufacturing process uses on the iPad/iPad 2 touch screen (AU 2005246219). A third patent, (AU 2008258177), was thrown out by Apple. 

Florian Mueller of FOSS Patents contends that these two touch-based patents could bar future Android tablets from making an appearance in Australia:

After today's decision, I believe no company in the industry be able to launch any new Android-based touchscreen product in Australia anytime soon without incurring a high risk of another interim injunction. The two patents on which today's ruling is based aren't Galaxy Tab 10.1-specific at all. They will affect all Android-based smartphones and tablet computers, across all vendors.

If Apple wins the Australian case at the end of the main proceeding, all Android-based products will effectively be shut out of the Australian market forever, unless Google or its device maker partners settle with Apple. Therefore, Google and Samsung will have to fight very hard to have the asserted patents declared invalid, or at least have their scope narrowed.

Samsung Galaxy Tab 10.1
Not surprisingly, Samsung isn't too happy with the court's decision and says that it is seeking additional legal advice. "Samsung will continue its legal proceeding against Apple's claim in order to ensure our innovative products remain available to consumers," the company said in a statement. "This is a part of our ongoing legal proceeding against Apple's claim."
Samsung also makes note of the wireless technology patents that it holds and claims Apple is infringing upon. "Our wireless standard patents are essential for mobile business,” Samsung added. “We will continue to legally assert our intellectual property rights against those who violate Samsung's patents and free ride on our technology."
Apple sees Samsung as a major threat in both smartphones and tablets. Samsung is the number two smartphone manufacturer behind Apple, and the Galaxy Tab family of Android-based tablets are widely seen as the most credible challenger to the iPad. Crushing Samsung’s Android-based offerings would give quite a bit of breathing room for Apple’s iPhone and iPad products which are expected to account for 49 percent and 21 percent respectively of Apple's revenue by 2013 according to Piper Jaffray’s Gene Munster.

Sources: The Sidney Morning Herald, City Press, Apple Insider, FOSS Patents

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RE: take them down
By Tony Swash on 10/13/2011 6:06:37 PM , Rating: -1
Sure, and Apple can remove the cellular antennae in their phones. Because Samsung spent billions in research and development on cellular technology and Apple is infringing on those patents. Then this all goes away. Magic :)

Not if those technologies are covered by FRAND arrangements :)

Oh yeah? I'm sorry but is there a well defined "okay" limit for design-sharing that Apple can point to and say a line was crossed? No, it's entirely arbitrary.

No it's not arbitrary at all. It will decided through exhaustive and closely argued legal due process, the calling of witnesses, the submission of evidence and the arguments of highly paid and very experienced professional advocates. It will be decided through rational process. Which is as it should be.

This isn't about designs or looks. It's about Apple who believes they "created" the smart phone and seeks to be the sole provider of said device. Even the most retarded fanboi can see that competition from other manufacturers pushes the iPhone to be better for end users. But nope, not you Tony. One phone to rule them all! How draconian.

Now you being silly, paranoid and phobic.

Apple have not undertaken any legal action to prevent the manufacture or distribution of smart phones, they cannot do that and are not interested in doing that. They just want to stop people copying their stuff.

Let's take one example of the many patents in play at the moment: rubber banding. Apple in iOS introduced and patented a system whereby when you use touch to scroll up or down a list that extends beyond the edge of the screen when you reach the end of a list it 'rubber bands' (i.e. bounces back) as a way to visually and effectively communicate to the user they have reached the end of the list and to stop scrolling. It's a typically elegant little, but powerful, Apple design feature. Without it people tend to not realise they have reached the end of a list and when the list just stops scrolling they typically think it has jammed and they try to press their touch harder or keep swiping.

Apple invented rubber banding and deployed it first in a touch driven device and they patented it They say nobody else should copy it and if another company wants to communicate to a user they have come to the end of a list then they should come up with their own system of doing that. Apple think (in my opinion rightly) that their rubber band system is the most elegant to do that and it thus adds value to their product. Why should they let other company's copy that? What possible reason (other than the phobic wish to see Apple's competitors triumph) could there be to allow another company to just copy that? It's Apple's invention and they should be able to claim legal protection (which they are doing in a number of cases including some against Samsung).

RE: take them down
By Reclaimer77 on 10/13/2011 10:14:49 PM , Rating: 2
You believe cellular technology, which cost billions to develop, is under FRAND but you think Apple owns the exclusive rights to black rectangles?

Okay that pretty much says it all. Keep enjoying those -1's.

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