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Galaxy Tab approved for sale in Australia after Apple appeal denied

post #1 of 54
Thread Starter 
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.
post #2 of 54
Okay, so Apple can sell the iPhone in France and Samsung can sell the Galaxy in Australia. Can we all just get along now?
post #3 of 54

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post #4 of 54
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.
post #5 of 54
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.

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"There is no rule that says the best phones must have the largest screen." ~RoundaboutNow

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post #6 of 54
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.
post #7 of 54
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.

post #8 of 54
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.
post #9 of 54
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
post #10 of 54
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.
post #11 of 54
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.
post #12 of 54
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.
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post #13 of 54
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!
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post #14 of 54
Anyone actually gain anything from these lawsuits other then Microsoft and Nokia?
post #15 of 54
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.
post #16 of 54
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.
post #17 of 54
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
post #18 of 54
Looks like it's already up for sale.
post #19 of 54
Two months to reverse a ban? Wow, those Australian courts work fast.

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"Apple should pull the plug on the iPhone."

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post #20 of 54
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.
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post #21 of 54
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.
post #22 of 54
Quote:
Originally Posted by Apple ][ View Post

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

Good for Aussies bad for anyone else.
post #23 of 54
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 will be liable only if Samsung wins the full trial


Quote:
Originally Posted by SolipsismX View Post

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.


I highly doubt that they will settle outside the court
post #24 of 54
Quote:
Originally Posted by AppleInsider View Post

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.


People hate this bullshit. It may delay or even kill the competition, but the ill-will with the public remains.
post #25 of 54
Really how long are we gonna be bombarded with this ridiculous battle. I give up trying to figure all this out. There must be a happy medium. Where that will be who knows. I honestly think that the iPad 3 will change it and make the competition be lacking. We will have to see.
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post #26 of 54
Quote:
Originally Posted by ConradJoe View Post

People hate this bullshit. It may delay or even kill the competition, but the ill-will with the public remains.

You speak for all people? I happen to like this bullshit.
post #27 of 54
Poor judgment by the judge. As an inventor living in Australia, I'm not going to try any more, knowing that even if I hit upon a winner, other companies will be allowed to steal it.
post #28 of 54
Quote:
Originally Posted by ascii View Post

Poor judgment by the judge. As an inventor living in Australia, I'm not going to try any more, knowing that even if I hit upon a winner, other companies will be allowed to steal it.

And exactly what has been stolen?
post #29 of 54
Quote:
Originally Posted by ascii View Post

Poor judgment by the judge. As an inventor living in Australia, I'm not going to try any more, knowing that even if I hit upon a winner, other companies will be allowed to steal it.

yeah right
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post #30 of 54
Quote:
Originally Posted by ascii View Post

Poor judgment by the judge. As an inventor living in Australia, I'm not going to try any more, knowing that even if I hit upon a winner, other companies will be allowed to steal it.

Do you even know what was at issue?
post #31 of 54
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.


How high it would be depends on which arguements the judges accept. The lawyers for both parties sound more like the marketing department of the company they are not representing. Apple lawyers argue that Galaxy would decimate iPad sales, and Samsumg lawyers argue that Galaxy sales would barely impact on iPad sales. Lets see how quickly they both change their position if Samsung are entitled to damages.
post #32 of 54
Quote:
Originally Posted by tylerk36 View Post

Really how long are we gonna be bombarded with this ridiculous battle. I give up trying to figure all this out. There must be a happy medium. Where that will be who knows. I honestly think that the iPad 3 will change it and make the competition be lacking. We will have to see.

Apple needs to keep up the fight to punish and teach the copycats an expensive lesson otherwise when Apple releases an iPad3 everybody will just start up their copy machines again.

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post #33 of 54
Quote:
Originally Posted by Realistic View Post

Apple needs to keep up the fight to punish and teach the copycats an expensive lesson otherwise when Apple releases an iPad3 everybody will just start up their copy machines again.

What copycats in Australia?
post #34 of 54
Quote:
Originally Posted by Just_Me View Post

Anyone actually gain anything from these lawsuits other then Microsoft and Nokia?

What did they gain? they have no products in the tablet space and no products in the phone space.
post #35 of 54
Let's all remember that this is all still regarding a *preliminary* injunction and that the case is still yet to be decided.

Time to go re-fill the popcorn tub.
post #36 of 54
Quote:
Originally Posted by Pendergast View Post

Let's all remember that this is all still regarding a *preliminary* injunction and that the case is still yet to be decided.

Time to go re-fill the popcorn tub.

Yap, the show will restart in March with the full trial
post #37 of 54
Quote:
Originally Posted by Tallest Skil View Post

"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.

Nope. The Samsung Galaxy Tab 10.1 was physically redesigned in Germany (producing the Galaxy Tab 10.1N) in an attempt to bypass the community design in Germany. It has nothing to do with the case in Australia.

In Australia, the Samsung Galaxy Tab will not require any physical redesign to satisfy the courts for the purposes of the preliminary injunction -- in fact, the preliminary injunction simply doesn't exist anymore.
post #38 of 54
Now maybe Apple will try to win through innovation instead of silly look and feel litigation....
post #39 of 54
EDIT:

I replied to a post that no longer exists...
post #40 of 54
Quote:
Originally Posted by ascii View Post

Poor judgment by the judge. As an inventor living in Australia, I'm not going to try any more, knowing that even if I hit upon a winner, other companies will be allowed to steal it.

Please, for the sake of humanity.
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