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  (Source: Mother Truth Blog)
France court also refuses Samsung's request to ban Apple's iPhone 4S; pair forced to compete on the market

Australian shoppers may finally themselves scratching their heads in dumbfoundment when they are greeted by the gourgeous display of Samsung Electronics Comp., Ltd. (KS:005930) popular Galaxy Tab 10.1.  "Is this a free market again?" they may wonder.

Well, yes.  The wheels of justice have been turning and Apple, Inc.'s (AAPL) attempt to replicate it's government-enforced monopoly it enjoys on modern "minimalist" tablets (thin, rectangular, touch-driven, with few redundant face buttons) in Germany was struck down by an Australian appeals court.

To recap:

The original ban was put in place by Justice Annabelle Bennett said that Apple had a prima facie case regarding infringement, or in English, that it appeared at first glance that Samsung's infringement was self-evident given the facts.  

Specifically, she said that Samsung appeared to be infringing on an Apple touch-input heuristics patent (AU 2007286532) and a patent involving the manufacturing process used to make the iPad/iPad 2 touch screen (AU 2005246219).  The decision came in October; over two months after Samsung agreed to temporarily halt sales while Justice Bennett ponder the preliminary injunction.

Cheered by the win, Apple looked to extend its reach to Samsung tablets of all sizes, banning the Galaxy Tab 7 and Galaxy Tab 10.1v, which had not yet been explicitly banned in the region.  Apple's lawyer made his bid at a full monopoly on "minimalist" designs commenting, "Samsung says Galaxy Tab 10.1, we say any tablet device."

It was there that it was dealt its first setback in the Australian court campaign.  Justice Annabelle Bennett dismissed the request for more preliminary injunction bans, saying she was not convinced that this "rolling mandatory injunction" (as Samsung's attorney labeled it) was warranted.  Apple would not have its blanket monopoly.  But it least had one triumph in its cap.

Following that decision, Samsung offered to make peace with Apple in October, but Apple refused.

Then at the end of November a panel of three judges -- Justices John Dowsett, Lindsay Foster and David Yates -- dealt a harsh blow to Apple, ruling that Judge Bennett's logic in delivering a preliminary injunction was "grossly unjust" and complained that she "misunderstood and misapplied" the basics of Australian law regarding preliminary injunctions.  They did force Samsung to endure one last delay, allowing apple to appeal the appeal.

Back to Present:

Fast forward a week and a half and a second panel of three Sydney, Australia High Court judges unanimously agreed to dismiss Apple's application for special leave to appeal the Federal Court's repeal of the sales ban.

Time to Tab

That means the Galaxy Tab 10.1 can now launch, just in time for Christmas.  The local Herald Sun paper reports that it will be priced at $579 AU and $729 AU for the WiFi and WiFi+3G models ($1 AU = $1.02 USD).

While damage has been done to Samsung's bottom line, at least its suffering is at last come to an end.

Apple bitterly refused to comment on the defeat.

Samsung Also Humbled:

In what some are hailing as a similar victory for free market competition and a similar move towards ending to anticompetitive litigation, Samsung's request to get a preliminary injunction banning iPhone 4S sales in France was struck down.  Based on the wording of the Reuters report, it sounds that Samsung's case will still be heard (as in Apple's Australian case), but that the court ordered Samsung to pay "100,000 euros ($133,900)" of Apple's legal costs for inappropriately request a preliminary injunction.

While some would like to see Apple or Samsung successfully ban the other's products in internation courts, many have grown frustrated with the pair's 80+ lawsuits.  

Of course Apple started the fight, with late CEO and company co-founder Steven Jobs calling Google Inc.'s (GOOG) Android operating system a "stolen product" and vowing to spend all of his company's money, if necessary to "destroy" manufacturers using Android.

But some would rather let the pair fight their war on the free market, spending their money on bettering their products, rather than trying to buy a victory by instead funneling that money to finance high-powered legal teams, an expenditure which would do little good for customers.

The Free Market
Some people are opposed to companies using litigation as an anticompetitive tool to ban each other's products, regardless of who started the fight and who wins it.
[Image Source: The Free Market]

So far that's more or less what has happening.  Courts in the U.S. and now Australia have refused to grant Apple's request for a sales ban, while a court in the Netherlands rejected Apple's efforts to ban slightly modified Samsung devices, which removed what the court ruled was an infringing feature.  Similarly courts in the Netherlands, and now France, have rejected Samsung's counter efforts to ban the iPhone 4S.

Thus far the only ban still in effect is the German court order, which grants Apple a blanket monopoly of the "minimalist" tablet space.  The greater sentiment of the judicial system will soon be tested, though, as Samsung has submitted a redesigned tablet that, while still rectangular, removes virtually any design similarities in color scheme or I/O input placement between the iPad and the Galaxy Tab tablets.  

Apple wants the new design banned from sale -- after all it is a tablet.  It should be interesting to see if the German court continues to live in its own reality which appears to be distinctly separate from its European Union and international peers.

Sources: The Herald Sun (AU), Reuters

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RE: I could be wrong but...
By Tony Swash on 12/11/2011 9:13:49 AM , Rating: -1
Or that their products break faster

Presumably in secret as Apple consistently tops all reliability and customer satisfaction surveys :)

RE: I could be wrong but...
By its tom hanks on 12/11/2011 10:18:33 AM , Rating: 4
Presumably in secret as Apple consistently tops all reliability and customer satisfaction surveys :)

well, when a company's entire consumer base is a bunch of fanboy fucktards who have achieved ALL of their social status through the apple logos they flaunt around, of course they're going to "say" that the iphone is the best, they don't know any better. It must be quite a scientific study though, I'm sure. so that put in your apple-holy-ness equation and rerun the numbers

RE: I could be wrong but...
By its tom hanks on 12/11/2011 10:19:48 AM , Rating: 2
edit: "put that" (tony wouldn't have been able to figure it out on his own, I didn't want to confuse him with the typo, he's just an apple fanboy)

RE: I could be wrong but...
By Tony Swash on 12/11/11, Rating: -1
RE: I could be wrong but...
By MechanicalTechie on 12/11/2011 8:09:30 PM , Rating: 2
What is wrong with you Tony.. We all know you only defend Apple because of your invested interests in the company... This is a technology site... the combined knowledge of people at this site is far superior than your general public iTools... don't you find it interesting that your the only one defending Apple here?

You think we'll all wrong because the general public who are techo-retards know better? Sheep will follow other sheep!

I've seen your blogs on other sites and you get ripped all the time.. your pathetic!

I really wanna know how much Apple is paying you? Is it worth it?

RE: I could be wrong but...
By Tony Swash on 12/12/11, Rating: -1
RE: I could be wrong but...
By MechanicalTechie on 12/12/11, Rating: 0
RE: I could be wrong but...
By themaster08 on 12/12/2011 3:19:57 AM , Rating: 4
You see, that's your problem right there, my friend.

You think Apple's gadgets are the best technology. You're unable to fathom, that it may just be possible, there are people out there that genuinely prefer Samsung's Galaxy Tab, or the Asus Transformer, or another device, having tried the iPad.

Remaining ignorant to the alternatives doesn't automatically makes Apple's products better. How would you know unless you've tried? Have you actually tried an Android phone or tablet? What about a Windows Phone? No, of course you haven't. You prefer to ride on the wave of ignorance that Apple's products are better.

There are a lot of people that think like yourself (or don't think at all). You have no desire to try alternatives, because you've become so entrenched in the Apple ecosystem. Many are content with their iPad, or iPhone, and that's fine, but to say they're the best on the pure basis of your own ignorance and Apple's popularity is absurd. By your logic, Windows is a far superior OS to OS X.

You're clsed minded and irrational. You're unable to accept any constructive criticism towards Apple. You're unable to see how, for some people, other products may have more value. You scorn at the alternatives having never even tried them, as you did with the Asus Transformer Prime. You're unable to debate logically because of your bias. You're a troll and nothing more.

RE: I could be wrong but...
By hexxthalion on 12/12/2011 12:17:28 PM , Rating: 2
it must really hurt you not be part of it. get over it, get a mac and smile

RE: I could be wrong but...
By SilentBobDC on 12/12/2011 8:49:04 AM , Rating: 1
Also interesting is the fact that many people have to sign an NDA to get a product replaced. We've seen cases of this cited here and other places with the exploding/burning iPhones. Hey, want that replaced, just don't tell anyone it broke and we'll hook you up, a very cheap tactic. Also, I've yet to see an android phone with a broken screen as they mainly use gorilla glass to enhance durability. I've seen no less than 10 patients with broken iPhone screens. My 1st gen droid has been dropped onto tile with no ill effects and to prove a point I've even whacked the screen with a metal graston tool to prove its durability. People with iPhones FREAK when I do that, they're afraid to sneeze on their phone as they know how fragile the screens are.

Don't think there's a difference in designed durability. Watch this... please say its special effects:

RE: I could be wrong but...
By Tony Swash on 12/12/2011 10:10:50 AM , Rating: 1
Also interesting is the fact that many people have to sign an NDA to get a product replaced. We've seen cases of this cited here and other places with the exploding/burning iPhones.

Silly paranoid conspiracy theory nonsense. Show me some evidence to back that up.

RE: I could be wrong but...
By Pirks on 12/12/2011 4:19:40 PM , Rating: 2
Well, Tony, looks like your old BS about MS products being arcane and not liked by general public are getting even more stale and ridiculous, as there are fresh news about MS selling 1 million Xboxes in ONE WEEK, that should plug your "MS is a pain for general consumer" mantra forever now, don't you agree Tony? ;))

"The Space Elevator will be built about 50 years after everyone stops laughing" -- Sir Arthur C. Clarke

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