Apple Must Prove Damage to IPad Sales to Ban Samsung in Australia

Apple Must Prove Damage to IPad Sales to Ban Samsung in Australia

Apple may have to prove iPad sales were hurt to ban Samsung’s tablet in Australia, putting pressure on Apple as the case between the tech rivals gains momentum.

Sydney Federal Court Justice Annabelle Bennett said the burden is on Apple to prove Samsung’s Galaxy Tab 10.1 hurts iPad sales in the outback.

“Unless Apple puts on evidence showing the impact in the U.S. or U.K., I can’t draw any positive assumptions,” she said.

Bennett added she will not force Apple to reveal its sales numbers but hinted the Cupertino, Calif.-based company will need to do so if it desires an injunction against Samsung’s Galaxy Tab in Australia.

Samsung’s attorney Neil Murray countered the idea that Galaxy Tab 10.1 sales hinder Apple’s iPad.

“People want an Android product, so they will buy an Android product,” Murray said. “This is not impacting the sales of Apple.”

Indeed, Apple may have a hard time proving its European and American sales dipped as a result of Samsung’s rival product, given the company sold 9.25 million iPads during the third quarter, making it the tablet market’s runaway leader.

Despite its booming sales, however, Apple maintains Australian purchases may be higher if not for the “remarkable similarity of the Samsung product.”

Apple earlier filed a suit claiming its rival’s Tab 10.1 infringes on the iPad’s design, calling for an Australian ban and even prompting Samsung to delay launching its tablet while the case is pending.

The Australian courtroom drama may influence, or be influenced by, similar scenarios in European courts. Both German and Dutch judges ruled to ban Samsung’s devices in their respective countries, including several smartphones besides the Galaxy Tab 10.1 and 7.7.

If Apple proves its sales dipped with the introduction of Samsung’s Galaxy Tab, the Korean company may see long-term injunctions in Australia. If it’s unable to do so, however, the Cupertino company’s case may weaken and Apple may have to reimburse Samsung for keeping its products from shelves since August 1, as Apple promised to do if it loses the Australian court case.

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