Australian Court Silences Apple's Cries, Allows Samsung Tablet to Launch
December 9, 2011 1:18 PM
comment(s) - last by
(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)
This article is over a month old, voting and posting comments is disabled
RE: I could be wrong but...
12/12/2011 10:10:31 AM
Apple patent trollage deal exposed
"Vista runs on Atom ... It's just no one uses it". -- Intel CEO Paul Otellini
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
BlackBerry’s Latest "Plug" for its Passport Smartphone: Displaying Sharp X-rays for Doctors
August 21, 2014, 4:49 PM
Sprint Introduces $60 Unlimited Plan, Touts $20/Month Costs Savings Versus T-Mobile
August 21, 2014, 2:05 PM
Opera Becomes Official Browser of Microsoft-Nokia's Non-Windows Phones
August 21, 2014, 1:01 PM
Microsoft Tests Free 24-Hour Xbox One Game Trials
August 21, 2014, 11:41 AM
New Photos Show “Assembled” iPhone 6, Protruding Camera Ring
August 20, 2014, 2:32 PM
ZTE Nubia 5S mini LTE 4.7" Smartphone Headed to U.S. for $280 Unlocked
August 20, 2014, 10:37 AM
Most Popular Articles
Lumia 830 Gets Major Upgrades Including New 20.1 Megapixel Toshiba Sensor
August 15, 2014, 6:00 PM
Windows Phone, BlackBerry Smartphone Market Share Falls to 2.5%, 0.5% Respectively
August 15, 2014, 9:44 AM
GM Concedes That the Cadillac ELR Doesn’t Really Compete with the Tesla Model S
August 15, 2014, 5:42 PM
Report: Windows 9 “Threshold” Tech Preview Coming Next Month
August 15, 2014, 11:29 AM
Apple Scores Patents, Preps New Reversible USB Plug for iPhone 6 Connector
August 18, 2014, 1:32 PM
Latest Blog Posts
Space Terrorism is a Looming Threat For the United States
Apr 23, 2014, 7:47 PM
Facebook Aims to Provide Internet to "Every Person in the World" with Drones, Satellites
Apr 1, 2014, 10:20 AM
Retail Mobile Sites Experience Outages in Light of Simplexity's Bankruptcy
Mar 14, 2014, 8:48 AM
Tesla vs. BMW: Who Has the Safer EV?
Feb 1, 2014, 2:56 PM
Justice Leaks Details of Next HTC One Two Flagship Phone
Dec 5, 2013, 4:04 PM
More Blog Posts
Copyright 2014 DailyTech LLC. -
Terms, Conditions & Privacy Information