Australian court overturns ban on Samsung Galaxy Tab 10.1, Apple to appeal

Posted:
in iPad edited January 2014
An Australian court has overturned a preliminary injunction against Samsung's Galaxy Tab 10.1 as part of the ongoing legal battle between Apple and its rival, but the iPad maker has indicated that it will appeal the ruling.



Gizmodo Australia reported on Wednesday that the Australian Federal Court had reversed an earlier decision to block sales of the South Korean electronics maker's 10.1-inch tablet.



The original ruling came last month from Justice Annabelle Bennett. Following the initial injunction, Samsung was quick to appeal the decision in hopes of releasing the device in time for the valuable Christmas shopping season.



Samsung lawyer Neil Young said in October that the Galaxy Tab 10.1 would be "dead" if it was delayed past Christmas.



According to the report, Apple announced its plan to appeal Wednesday's decision to the High Court "within minutes of the verdict being handed down." The Cupertino, Calif., company requested that the injunction remain in place until the appeal. The court agreed, issuing a "stay of orders" until Friday afternoon to give Apple time to file its appeal.







In response to Apple's complaints, Samsung has fired back with its own legal action against the company in Australia. Earlier this month, Justice Bennett set a March 2012 date for a full hearing on Samsung's patent complaints against its rival's iPhone and iPad devices.



Apple also succeeded in winning an injunction against the Galaxy Tab 10.1 In Germany. Samsung has tried to work around the ban in the country by releasing a redesigned Galaxy Tab 10.1N. The company added a metal frame around the edges in an effort to circumvent Apple's deisgn-related intellectual property. Apple has filed a request to stop sales of the new device, with a hearing set for Dec. 22.
«134567

Comments

  • Reply 1 of 121
    Tune in tomorrow for another episode of "As the Tablet World Turns" lol
  • Reply 2 of 121
    Finally!, been waiting on this and didnt want to order from overseas.
  • Reply 3 of 121
    Samsung is a cheating copy cat...

    Their engineers must really take the iPads apart in order to copy them so closely.

    I hope Apple drills them a new one.



    Time will tell.
  • Reply 4 of 121
    Finally some common sense! Comes down to the original Judge did not apply the law correctly.
  • Reply 5 of 121
    Quote:
    Originally Posted by AppleSauce007 View Post


    Samsung is a cheating copy cat...

    Their engineers must really take the iPads apart in order to copy them so closely.

    I hope Apple drills them a new one.



    Time will tell.



    I hear a clock ticking on Samsung TV dominance.

    They'll get theirs.
  • Reply 6 of 121
    daharderdaharder Posts: 1,580member
    [IMG][/IMG]
    Quote:
    Originally Posted by fredaroony View Post


    Finally some common sense! Comes down to the original Judge did not apply the law correctly.



    Sure looks that way... Now it's time for Apple to compete rather than merely block.



    They're both very nice devices, so either way the consumer wins.



  • Reply 7 of 121
    Quote:
    Originally Posted by funkdis View Post


    Finally!, been waiting on this and didnt want to order from overseas.



    I know a lot of people in the same position.



    I can't help but wonder if Apple didn't try to block the Galaxy if so many people would still want one.
  • Reply 8 of 121
    Quote:
    Originally Posted by DaHarder View Post


    Now it's time for Apple to compete rather than merely block.



    Because up until now Apple hasn't been competitive in the tablet market¡
  • Reply 9 of 121
    daharderdaharder Posts: 1,580member
    Quote:
    Originally Posted by SolipsismX View Post


    Because up until now Apple hasn't been competitive in the tablet market¡



    Not when they don't even afford consumers a chance to choose by trying to block sale of competing products.
  • Reply 10 of 121
    enzosenzos Posts: 344member
    Quote:
    Originally Posted by DaHarder View Post


    [IMG][/IMG]



    They're both very nice devices, so either way the consumer wins.



    Of course, both are nice since one is a slavish copy of the other. And, no, if companies can't protect their IP there will be less innovation so the consumer will lose in the long-run.





    Quote:
    Originally Posted by DaHarder View Post




    Sure looks that way... Now it's time for Apple to compete rather than merely block.



    Like competing with a Xerox copy. That's not competition.



    Regardless, the injunction on sales stays in place until the appeal is heard, etc. etc. and Samesung will be chewed up and mangled by the Australian legal system until next Christmas.
  • Reply 11 of 121
    sflocalsflocal Posts: 4,498member
    Quote:
    Originally Posted by DaHarder View Post


    Not when they don't even afford consumers a chance to choose by trying to block sale of competing products.



    Oh please, get off your shaky pedestal and stop spinning this to make it sound like it's for the "consumers".



    Simple fact. Company A makes a product, Company B copies it. Company B lets Company A do all the R&D on everything from the product, packaging, presentation, advertisement and shamefully pass it off as their own.



    This has nothing to do with what's best for consumers. This is about protecting one's IP, and you very well know it.



    You want what's best for consumers? Let Samsung actually design their own products and create a truly unique product and experience. That's consumer choice. That way, we all win.
  • Reply 12 of 121
    Quote:
    Originally Posted by sflocal View Post


    Oh please, get off your shaky pedestal and stop spinning this to make it sound like it's for the "consumers".



    Simple fact. Company A makes a product, Company B copies it. Company B lets Company A do all the R&D on everything from the product, packaging, presentation, advertisement and shamefully pass it off as their own.



    This has nothing to do with what's best for consumers. This is about protecting one's IP, and you very well know it.



    You want what's best for consumers? Let Samsung actually design their own products and create a truly unique product and experience. That's consumer choice. That way, we all win.



    In the end it's not even relevant. As far as I can tell, this holiday season people are rushing to buy the Kindle Fire, or those Acer/Asus/Toshiba/Lenovo cheap tablets, few people want the Galaxy Tab. Even the Playbook got a boost by lowering the price to $199.
  • Reply 13 of 121
    Quote:
    Originally Posted by fredaroony View Post


    Finally some common sense! Comes down to the original Judge did not apply the law correctly.



    Or did.



    Apparently the laws are that an injunction can only be granted if it is felt that the requesting party will win the final case. Bennett believed the answer to that question was yes.



    This new judge believes the answer will be no, Samsung will win. So the injunction was lifted.



    Come Friday Apple could file their appeal and win and the injunction is back. Samsung will file their appeal and get it reversed and so on and so on until the final case
  • Reply 14 of 121
    jd_in_sbjd_in_sb Posts: 1,483member
    Now Samsung is free to have zero sales in Australia.
  • Reply 15 of 121
    daharderdaharder Posts: 1,580member
    Quote:
    Originally Posted by sflocal View Post


    Oh please, get off your shaky pedestal and stop spinning this to make it sound like it's for the "consumers".



    Simple fact. Company A makes a product, Company B copies it. Company B lets Company A do all the R&D on everything from the product, packaging, presentation, advertisement and shamefully pass it off as their own.



    This has nothing to do with what's best for consumers. This is about protecting one's IP, and you very well know it.



    You want what's best for consumers? Let Samsung actually design their own products and create a truly unique product and experience. That's consumer choice. That way, we all win.



    If that's what it takes to make you feel better...



    Though my Galaxy Tab 10.1 is of a completely different aspect ratio, material composition, and screen resolution than either my iPad or iPad 2, the camera locations are completely different as are the operating systems on which the devices run, and the GT 10.1 doesn't feature a single [HOME] button anywhere on its front surface, in addition to being both thinner and lighter than either of my Apple tablets.



    Anyone who could go into a store, see a Samsung Galaxy Tab in a box clearly marked SAMSUNG GALAXY TAB and Android Technology, and still thinks it's an Apple iPad is likely too daft to ever use a modern piece of technology anyway.
  • Reply 16 of 121
    Quote:
    Originally Posted by jd_in_sb View Post


    Now Samsung is free to have zero sales in Australia.



    ..



    lol
  • Reply 17 of 121
    Quote:
    Originally Posted by DaHarder View Post


    If that's what it takes to make you feel better...



    Though my Galaxy Tab 10.1 is of a completely different aspect ratio, material composition, and screen resolution than either my iPad or iPad 2, the camera locations are completely different as are the operating systems on which the devices run, and the GT 10.1 doesn't feature a single [HOME] button anywhere on its front surface, in addition to being both thinner and lighter than either of my Apple tablets.



    Anyone who could go into a store, see a Samsung Galaxy Tab in a box clearly marked SAMSUNG GALAXY TAB and Android Technology, and still thinks it's an Apple iPad is likely too daft to ever use a modern piece of technology anyway.



    Remember: Your View-Point Is Not The Only Perspective
  • Reply 18 of 121
    Quote:
    Originally Posted by sflocal View Post


    Oh please, get off your shaky pedestal and stop spinning this to make it sound like it's for the "consumers".



    Simple fact. Company A makes a product, Company B copies it. Company B lets Company A do all the R&D on everything from the product, packaging, presentation, advertisement and shamefully pass it off as their own.



    This has nothing to do with what's best for consumers. This is about protecting one's IP, and you very well know it.



    You want what's best for consumers? Let Samsung actually design their own products and create a truly unique product and experience. That's consumer choice. That way, we all win.



    Oh, he fundamentally doesn't get your argument.



    Here's an analogy. If DaHarder was in history class, he'd happily copy the top student's answers on the final exam knowing that it'll boost his own score on the test. And if the top student should complain about it, DaHarder would accuse the top student of trying to "block competition" instead of "competing fairly."
  • Reply 19 of 121
    Quote:
    Originally Posted by DaHarder View Post


    If that's what it takes to make you feel better...



    Though my Galaxy Tab 10.1 is of a completely different aspect ratio, material composition, and screen resolution than either my iPad or iPad 2, the camera locations are completely different as are the operating systems on which the devices run, and the GT 10.1 doesn't feature a single [HOME] button anywhere on its front surface, in addition to being both thinner and lighter than either of my Apple tablets.



    Anyone who could go into a store, see a Samsung Galaxy Tab in a box clearly marked SAMSUNG GALAXY TAB and Android Technology, and still thinks it's an Apple iPad is likely too daft to ever use a modern piece of technology anyway.



    There is more to the Apple vs Samsung case than just the box... trade-dress infringement is only one of Apple's claims.



    It goes much deeper with IP and patents.
  • Reply 20 of 121
    asciiascii Posts: 5,941member
    If something *that* much a copy doesn't get banned then nothing will. Patents are obviously meaningless in Australia. Or those judges think their job is to dispense "fairness." No sorry, it's to dispense justice, i.e. to punish wrongdoers, such as Samsung in this case. So do your job.
Sign In or Register to comment.