Galaxy Tab approved for sale in Australia after Apple appeal denied

Posted:
in General Discussion edited January 2014
An Australian court has denied Apple's request to appeal an overturned preliminary injunction of Samsung's Galaxy Tab, allowing the South Korean company to begin selling the device as early as next week.



The decision released on Thursday allows Samsung to sell its Galaxy Tab 10.1 in Australia, ending an almost two month ban after Apple initially won a preliminary injunction against the device on claims that it copied the iPad's look and feel, reports Reuters.



Following a recent court decision that reversed the original injunction, Apple requested the ban stay in place until it could file an appeal with Australia's High Court. Although the iPad maker won a one-week extension, the court's final judgment to deny an appeal effectively lifts the ban of Samsung's tablet in time for the lucrative holiday season.



The decision is the second Samsung court win within a week, coming after Apple's similar request for a preliminary injunction in the U.S. was denied on Dec. 3.



Apple's legal battle with Samsung began in April when the Cupertino, Calif. company claimed patent infringement against certain Galaxy Tab and handset designs, saying the South Korean electronics maker copied the look and feel of the iPad and iPhone.



Samsung fired back with requests for injunctions against the iPhone 4S in at least four countries, alleging that Apple infringed on its 3G patents with the new smartphone. The company has yet to find success in banning Apple's handset, and was reportedly under investigation for using so-called FRAND patents in litigation.



Most recently, a French patent court denied the South Korean electronics maker's request for a ban, which is seen as a significant blow to Samsung's international case. The ruling noted that the industry-standard patents being leveraged against the iPhone 4S have effectively been exhausted, which could cause problems for Samsung if other courts agree with France's view.



Upcoming court dates see Samsung requesting injunctions against the iPhone 4S, including an Italian hearing in December and Australian hearings scheduled for March and April of 2012.
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Comments

  • lkrupplkrupp Posts: 4,212member
    Okay, so Apple can sell the iPhone in France and Samsung can sell the Galaxy in Australia. Can we all just get along now?
  • solipsismxsolipsismx Posts: 19,566member
  • orlandoorlando Posts: 601member
    Does this mean Apple is now liable for damages for the loss of two months of Galaxy sales? Not that I imagine the number would be particularly high.
  • solipsismxsolipsismx Posts: 19,566member
    Quote:
    Originally Posted by Orlando View Post


    Does this mean Apple is now liable for damages for the loss of two months of Galaxy sales? Not that I imagine the number would be particularly high.



    I don't think so. I think that would be part of a trial settlement if Samsung wins the actual case, a case I'm certain will be handled behind closed doors before that actually happens.
  • tallest skiltallest skil Posts: 40,530member
    Now that it can be sold in Australia, I wonder how they'll market it?



    "Galaxy Tab! The tablet so close to being an iPad that Apple tried to ban it!"



    Ah, no, that doesn't put it in a very good light, now does it? People might think that Apple's product is better?



    "Galaxy Tab! It's not good enough to be banned!"



    Hmm? that doesn't work either? maybe?



    "Apple tried to stop us, copying their stuff, but the judge said that making it, look older was enough. Burma-Shave."



    Ah, we have a winner.
  • apple ][apple ][ Posts: 8,234member
    Quote:
    Originally Posted by Orlando View Post


    Does this mean Apple is now liable for damages for the loss of two months of Galaxy sales? Not that I imagine the number would be particularly high.



    Apple has already made out a check for $329.99 and sent it to them.



  • kpomkpom Posts: 581member
    So far, courts seem to be very reluctant to block sales of products, perhaps because the industry moves so rapidly. It will be interesting to see how many units Samsung actually manages to sell. There is no competition from the Kindle Fire in Australia, at least not yet. Here in the US, the Tab has been on sale for quite a while, but hasn't gained much attention or traction because of the Fire.



    Also, Samsung has lost several bids to block the iPhone 4S. My guess is that we'll see both Apple and Samsung make some changes over the next year to head off lawsuits, and perhaps modify their existing customer/supplier relationship.
  • agramonteagramonte Posts: 345member
    Quote:
    Originally Posted by Orlando View Post


    Does this mean Apple is now liable for damages for the loss of two months of Galaxy sales? Not that I imagine the number would be particularly high.



    I do not think so... but they did loose "with cost" so Apple needs to pay Samsung costs for the appeal
  • e4le4l Posts: 6member
    I hope that no kids or bunny rabbits get trampled by the hordes that have been impatiently waiting outside electronic stores for the release of the Galaxy Tab for the last six months.
  • mac.worldmac.world Posts: 340member
    Good news for Samesung. They're sure to sell hundreds of dozens of Tabs. Of course, those 'shipped' numbers will = millions of tablets 'sold', at least according to Samesung.
  • digitalclipsdigitalclips Posts: 15,577member
    Quote:
    Originally Posted by Orlando View Post


    Does this mean Apple is now liable for damages for the loss of two months of Galaxy sales? Not that I imagine the number would be particularly high.



    As long as they don't have to take channel stuffing into account I think you'd be correct.
  • digitalclipsdigitalclips Posts: 15,577member
    Quote:
    Originally Posted by Tallest Skil View Post


    Now that it can be sold in Australia, I wonder how they'll market it?



    "Galaxy Tab! The tablet so close to being an iPad that Apple tried to ban it!"



    Ah, no, that doesn't put it in a very good light, now does it? People might think that Apple's product is better?



    "Galaxy Tab! It's not good enough to be banned!"



    Hmm? that doesn't work either? maybe?



    "Apple tried to stop us, copying their stuff, but the judge said that making it, look older was enough. Burma-Shave."



    Ah, we have a winner.



    ROFL Brilliant!
  • just_mejust_me Posts: 591member
    Anyone actually gain anything from these lawsuits other then Microsoft and Nokia?
  • apple ][apple ][ Posts: 8,234member
    I'm not going to quote the spammer, but I'd like to give them a friendly tip.



    This is an Apple forum. You would have far greater success in pulling that stunt over on an Android forum, for obvious reasons, as there are plenty more broke people there.
  • anantksundaramanantksundaram Posts: 17,203member
    At this point, the Tab is DOA anyway.



    Apple should probably move on. It has raised the cost for such lazy copiers sufficiently, and has signaled its willingness to be aggressive. They will think long and hard in the future.
  • just_mejust_me Posts: 591member
    Quote:
    Originally Posted by anantksundaram View Post


    At this point, the Tab is DOA anyway.



    Apple should probably move on. It has raised the cost for such lazy copiers sufficiently, and has signaled its willingness to be aggressive. They will think long and hard in the future.



    Apple needs to continue the pressure to make an example of Samsung
  • firefly7475firefly7475 Posts: 1,499member
    Looks like it's already up for sale.
  • suddenly newtonsuddenly newton Posts: 13,116member
    Two months to reverse a ban? Wow, those Australian courts work fast.
  • hill60hill60 Posts: 6,965member
    Quote:
    Originally Posted by Firefly7475 View Post


    Looks like it's already up for sale.



    They've got a competition to win an iPad 2, it's ironic they aren't using the Galaxy Tab 10.1, it shows they don't think it will bring in the punters.
  • apple ][apple ][ Posts: 8,234member
    Quote:
    Originally Posted by Firefly7475 View Post


    Looks like it's already up for sale.



    From that site, iPads come with 12 month worldwide warranties, while the Samsung tab comes with a 12 month Australia warranty.
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