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Judge Bans Samsung Galaxy 10.1 in Australia


Judge Bans Samsung Galaxy 10.1 in Australia

By Sandy Fitzgerald | Thu Oct 13, 2011 2:21 pm

An Australian court today put a temporary ban on Samsung's Galaxy 10.1 tablet, giving Apple another victory as the two tech rivals continue their worldwide patent battles.

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A federal court in Sydney is giving Samsung two weeks to appeal the ban, which will be in effect until a trial is held to settle Apple's claims that the Galaxy 10.1 infringes on its touch screen patents. Samsung will likely appeal today's ruling, and said it will also continue pursuing its own patent claims against Apple.

"We are disappointed with this ruling and Samsung will take all necessary measures, including legal action, in order to ensure our innovative products are available to consumers," the company said in a statement.

Samsung says the ban could mean its new tablet may not launch in Australia until after the holiday retail season. No Galaxy Tab 10.1 devices are on the shelves yet, because Samsung said it would hold off on a launch until after the court decided about the injunction.

The South Korean-based tech company does have a few options though, to salvage the new device's launch.

The trial may take months to resolve, but Judge Annabelle Bennett gave Samsung the option to seek an expedited hearing. Speeding up the trial, though, may be risky. If Samsung rushes the case without presenting sufficient evidence, it could risk losing the trial altogether, which could mean the new Galaxy may never launch in Australia.

Samsung's new Galaxy 10.1 tablet is the nearest competition to Apple's best-selling iPad 2, but the Australian case may not be its real test. A California court will begin hearing Apple's demands for an injunction to ban it and other Galaxy devices in the U.S., meaning an ever bigger potential loss of sales in U.S.

The Australian court's ban is just one in a series of recent injunctions as the Apple-Samsung battles continue. Samsung Wednesday said it would retool three of its smartphones to get around a ban in the Netherlands, which is always an outside option in the Australian case.

The two-week grace period also gives Samsung time to hammer out an agreement with Apple that would allow it to use the touch screen technology, or they may use the time to further fortify their defense.

While companies filing lawsuits for patent violations typically seek bans as a way to force settlements, Apple in Australia rejected Samsung's offer to settle the touchscreen matter. The companies could keep negotiating, but it is more likely any further agreements could be court-ordered, rather than mutual between the two parties.

But even if the Galaxy isn't out for Christmas sales, Samsung could stand to lose a lot more if it signs a licensing agreement with Apple that costs it billions, a consideration it will continue to weigh as the situation evolves.


Posted In: Apple (1121) | Legal (474) | Patents (196) | Samsung (531) | Australia (24)


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