Australian Court Silences Apple's Cries, Allows Samsung Tablet to Launch
December 9, 2011 1:18 PM
(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. (
) 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 (
) 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.
The original ban was
put in place
by Justice Annabelle Bennett said that Apple had a
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 (
) and a patent involving the manufacturing process used to make the iPad/iPad 2 touch screen (
). 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
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.
That means the Galaxy Tab 10.1 can now launch, just in time for Christmas. The local
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
, Samsung's request to get a preliminary injunction banning iPhone 4S sales in France was struck down. Based on the wording of the
, 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 (
) 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.
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.
wants the new design banned
from sale -- after all it
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.
The Herald Sun (AU)
“We do believe we have a moral responsibility to keep porn off the iPhone.” -- Steve Jobs
Apple's Legal Crusade Against Android Dealt Blow in U.S. Federal Court
December 3, 2011, 6:53 PM
Samsung Wins Android Appeal in Australia, Apple Vows to Continue Its Fight
November 30, 2011, 11:40 AM
Samsung Changes Galaxy Tab Design for Germany to Try to Avoid Ban
November 17, 2011, 10:26 AM
Google Pledges to Defend Partners Against Apple, Microsoft
November 9, 2011, 4:00 PM
Steve Jobs: "I'm Going to Destroy Android, Because It's a Stolen Product"
October 20, 2011, 10:45 PM
What is Flagship Sony’s XperiaX Smartphone?
October 25, 2016, 5:00 AM
The Galaxy C9 Pro Samsung Smartphone Has 6GB RAM
October 24, 2016, 4:29 AM
The Unlocked Moto Z Play Launches for $449.99 Today.
October 22, 2016, 5:00 AM
Nintendo Announced Next Game Machine to be Portable “handheld”.
October 21, 2016, 5:00 AM
Do you hate to do yard work?
October 20, 2016, 5:00 AM
Smart Technology Mood Collar To Understand Your Dog’s Emotions
October 17, 2016, 5:00 AM
Most Popular Articles
Car Insurance - The Hidden Discriminatory Practise
October 18, 2016, 5:00 AM
Cyber Hackers Threaten Security of Lifesaving Medical Devices
October 19, 2016, 8:09 AM
8 Days to Apple's October Event
October 19, 2016, 8:22 AM
Is Razer Blade Stealth Laptop For You?
October 16, 2016, 5:00 AM
Tesla Announces Level 5 Autonomous Driving
October 19, 2016, 8:30 PM
Latest Blog Posts
Medical Council of India Makes Generic Medicines Mandatory
Oct 25, 2016, 5:00 AM
MacBoo Pro 2016: Release date Oct. 27
Oct 24, 2016, 7:16 AM
Mac Users, Try this if Your Mac is Infected?
Oct 23, 2016, 7:00 AM
Tips to Prevent Smartphones From Overheating:
Oct 22, 2016, 5:00 AM
Nasa Flies Drones at Nevada Airport
Oct 21, 2016, 8:21 AM
T-Mobile Data Problems
Oct 20, 2016, 10:17 AM
Annoying Apple Watch Problems and How to Fix Them
Oct 20, 2016, 5:00 AM
Your Mail May Soon Be Delivered By Robot
Oct 19, 2016, 9:34 AM
2018 Jeep Wrangler Prototype Sells At Junkyard
Oct 18, 2016, 5:00 AM
Samsung Shines with Gold Edition Tablet
Oct 17, 2016, 9:24 AM
Tesla Hints Mysterious Product Debut for October 17th
Oct 16, 2016, 10:14 AM
Samsung Galaxy Note 7 Phones on US flights
Oct 15, 2016, 5:00 AM
Comcast Fined $2.3 Million For Unconfirmed Services Charged To Customers
Oct 14, 2016, 5:00 AM
“American singer / songwriter “Bob Dylan is awarded 2016 Nobel Prize in Literature.
Oct 13, 2016, 10:33 AM
Battery Defect in Medical Device
Oct 12, 2016, 5:00 AM
IBM Bolsters Social Services Sector With Technology Grants
Oct 11, 2016, 5:00 AM
Scientists Sound Alarm on Climate but US Still Toys With Skepticism
Oct 10, 2016, 5:00 AM
More Blog Posts
Copyright 2016 DailyTech LLC. -
Terms, Conditions & Privacy Information