Apple wins one-week extension on Samsung tablet ban, court to deliberate appeal request

Posted:
in General Discussion edited January 2014
The recently overturned ban of Samsung's Galaxy 10.1 tablet sales in Australia has been extended one week, new court date set to deliberate whether Apple will be allowed to appeal.



Australian High Court Justice Dyson Heydon on Thursday announced the nationwide ban of Samsung's tablet will remain in effect until Dec. 9, when the court will decide whether Apple can appeal a recent lower court decision to lift the embargo, according to Blomberg.



The preliminary injunction that barred Samsung from selling its Galaxy Tab 10.1 has been in effect since Oct. 12, though the South Korean company won a reversal on Tuesday that overturned the initial ruling. Apple immediately said it would appeal the latest ruling with the High Court, and was subsequently granted a request to keep the injunction intact until the appeal was filed.



The Australian case is part of an ongoing worldwide patent dispute between the two tech giants, originally started in April when Apple sued Samsung, claiming the company copied the iPad and iPhone's look and feel.



Since the initial suit, Samsung has fired back with its own counter claims pertaining to Apple's use of so-called FRAND patents, however the pursuit has been unsuccessful thus far.



Most recently, the South Korean company's litigation strategy was reportedly under investigation by the European Commission to determine whether it violates anti-competition laws.
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Comments

  • gatorguygatorguy Posts: 14,366member
    Quote:
    Originally Posted by AppleInsider View Post


    Most recently, the South Korean company's litigation strategy was reportedly under investigation by the European Commission to determine whether it violates anti-competition laws.



    I believe they may be questioning both Apple and Samsung:

    According to EU Competition Commissioner Joaquin Almunia, ?Apple and Samsung is only one case where IP rights can be used as an instrument to restrict competition.?
  • solipsismxsolipsismx Posts: 19,566member
    I'm pretty sure this ban will be completely lifted in a week. Hopefully we'll eventually get some real innovation from Samsung in the tablet sector. As of now Asus is the only one bringing their A-game.
  • gatorguygatorguy Posts: 14,366member
    Quote:
    Originally Posted by SolipsismX View Post


    I'm pretty sure this ban will be completely lifted in a week. Hopefully we'll eventually get some real innovation from Samsung in the tablet sector. As of now Asus is the only one bringing their A-game.



    Ditto. . .
  • cvaldes1831cvaldes1831 Posts: 1,832member
    Actually, only Amazon is bringing their A-game (which is largely subsidized hardware pricing since Amazon projects to make its profit on content sales).



    The delay is brutal in light of the holiday sales window.
  • solipsismxsolipsismx Posts: 19,566member
    Quote:
    Originally Posted by cvaldes1831 View Post


    Actually, only Amazon is bringing their A-game (which is largely subsidized hardware pricing since Amazon projects to make its profit on content sales).



    The delay is brutal in light of the holiday sales window.



    That Kindle Fire isn't great in either the HW, the OS, or apps. It's not bad for a first attempt, especially for $200 but it doesn't feel like quality in any regard. We also know the cheap feeling HW is based on RiM's PlayBook and there is evidence to suggest the circuit board design could be an earlier design than that used in RiM's released PlayBook.



    Now check out Asus's tablets. They look and feel great (without being ripoffs of the iPad), use IPS displays (not an issue these days but last year they were the only other company besides Apple that had committed to IPS across the board) while having good battery life. They also were able to get the price competitively at $100 below the iPad 2 for the same capacity storage, though perhaps still not good enough when you consider the lead the iPad still has on performance and ecosystem. The biggest obstacle for Asus seems to be Android. So far ICS looks good, especially compared to Honeycomb, but being a good mobile OS simply isn' good enough these days or WP7 would be more popular.
  • simpleankitsimpleankit Posts: 38member
    Normal Procedure. It was logistically impossible for court to hear appeal in a day or two.
  • suddenly newtonsuddenly newton Posts: 13,039member
    The ball is still in play...
  • tylerk36tylerk36 Posts: 1,037member
    Major stock backup piled up at the docks. Hundreds of thousands of Galaxy Tabs sitting on the docks in cargo containers. Apple would love to see the containers either on their way back to Korea or end up in the bay waterlogged. OOPS.
  • mac.worldmac.world Posts: 340member
    Quote:
    Originally Posted by tylerk36 View Post


    Major stock backup piled up at the docks. Hundreds of thousands of Galaxy Tabs sitting on the docks in cargo containers. Apple would love to see the containers either on their way back to Korea or end up in the bay waterlogged. OOPS.



    Samesung wouldn't sell many of those tablets anyway. Sitting in containers at the dock or sitting on store shelves. Same same.



    I just hope this teaches Samesung a lesson. Blantantly rip off a company like Apple and they will kick the sh't out of you.
  • fredaroonyfredaroony Posts: 619member
    Quote:
    Originally Posted by Mac.World View Post


    Samesung wouldn't sell many of those tablets anyway. Sitting in containers at the dock or sitting on store shelves. Same same.



    I just hope this teaches Samesung a lesson. Blantantly rip off a company like Apple and they will kick the sh't out of you.



    Yeah right..Samsung are going to go broke because of this. Idiot fanboi...
  • jd_in_sbjd_in_sb Posts: 1,268member
    Quote:
    Originally Posted by fredaroony View Post


    Yeah right..Samsung are going to go broke because of this. Idiot fanboi...



    He didn't say Samsung wound go broke. He said he hopes Samsung learns a lesson [to stop stealing IP]. Your insult right back at ya buddy.
  • fredaroonyfredaroony Posts: 619member
    Quote:
    Originally Posted by Mac.World View Post


    Samesung wouldn't sell many of those tablets anyway. Sitting in containers at the dock or sitting on store shelves. Same same.



    I just hope this teaches Samesung a lesson. Blantantly rip off a company like Apple and they will kick the sh't out of you.



    Quote:
    Originally Posted by jd_in_sb View Post


    He didn't say Samsung wound go broke. He said he hopes Samsung learns a lesson [to stop stealing IP]. Your insult right back at ya buddy.



    I know what he said... You speak for him, do you?
  • aizmovaizmov Posts: 987member
    Samsung is too big to fail. Not Apple and not anyone can stop them. I'm still cheering for Apple, I would hope it can in some way slow down Samsung.
  • knightofthewordknightoftheword Posts: 26member
    Quote:
    Originally Posted by fredaroony View Post


    I know what he said... You speak for him, do you?



    The collective IQ of the known universe has been reduced as a direct result of your two posts.
  • djsherlydjsherly Posts: 872member
    Quote:
    Originally Posted by Mac.World View Post


    Samesung wouldn't sell many of those tablets anyway. Sitting in containers at the dock or sitting on store shelves. Same same.



    I just hope this teaches Samesung a lesson. Blantantly rip off a company like Apple and they will kick the sh't out of you.



    Do you know what is at issue in this case? They way it looks had nothing to do with the original injunction.



    http://www.austlii.edu.au/cgi-bin/si...#_Ref306203111
  • winstein2010winstein2010 Posts: 401member
    Apple is doing what Microsoft did in the 90's, use litigation to buy itself time until it dominates the market.



    By the time the dust settles, the holiday shopping season is over and Apple is ready with the iPad 3.
  • bullheadbullhead Posts: 492member
    Quote:
    Originally Posted by winstein2010 View Post


    Apple is doing what Microsoft did in the 90's, use litigation to buy itself time until it dominates the market.



    By the time the dust settles, the holiday shopping season is over and Apple is ready with the iPad 3.



    huh? Microsoft did not use litigation to buy itself time in the early 90's. Microsoft made deals with vendors to not sell anything else, they intentionally broke competing software, they withheld technical information about their OS from competitors so no competing applications could be made, they had the OS display warnings when running other vendors software saying it "might" not work and you should use Microsoft's version, etc....
  • hill60hill60 Posts: 6,959member
    Quote:
    Originally Posted by winstein2010 View Post


    Apple is doing what Microsoft did in the 90's, use litigation to buy itself time until it dominates the market.



    By the time the dust settles, the holiday shopping season is over and Apple is ready with the iPad 3.



    Wrong.



    There are plenty of companies competing in this space, innovating using their own ideas.



    Apple only litigates against those who are shamelessly copying the IP they paid to develop and which they had the forethought to protect within the law.
  • wakefinancewakefinance Posts: 855member
    Quote:
    Originally Posted by hill60 View Post


    Wrong.



    There are plenty of companies competing in this space, innovating using their own ideas.



    Apple only litigates against those who are shamelessly copying the IP they paid to develop and which they had the forethought to protect within the law.



    Don't delude yourself. It's fairly obvious that they're going after Samsung because they see that brand as the only one that is a serious competitor. Samsung is definitely not the only tablet maker that markets a product that is indistinguishable from the iPad when looking at the front of the tablet. I don't know the full spectrum of Android tablets, but I found this list with pictures on CNET http://reviews.cnet.com/best-tablets...ndroid-tablets . Most of them are rectangles with black bezels. It's clear that Apple finds Samsung the only true threat based on what they know about Samsung's production and marketing capabilities, and they want to stop Samsung from getting their products to market.
  • jragostajragosta Posts: 10,473member
    Quote:
    Originally Posted by SolipsismX View Post


    I'm pretty sure this ban will be completely lifted in a week. Hopefully we'll eventually get some real innovation from Samsung in the tablet sector. As of now Asus is the only one bringing their A-game.



    Oh, I disagree.



    Sadly, it appears that this IS Samsung's A game. And HP. And RIM. The problem isn't that they're not bringing their A game, but that their corporate culture makes their A games so weak.
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