Desperate to put their case across, Apple have now accused Samsung of tinkering with the hardware of the Galaxy Tab 10.1 in an effort to change the characteristics of the software.
The case before the Australian Federal Court is said to go into another week with Samsung Australia forced to stall the launch of its new 10.1 Tab, recognised as a major threat to the iPad 2, which currently holds around 75% marketshare globally.
Reconvening in Room 18C of Sydney Federal Courts on Thursday, the Apple V Samsung tablet debacle was once again played out, having sat already on Monday last.
Apple are accusing Samsung of infringing three patents relating to touchscreen technology, although one of them – selective rejection – has now been dropped on agreement by Samsung.
The other two patents, heuristics (recognises movements of a swipe system) and multipoint touchscreen sensor are still in play and could lead to a ban on the Android Honeycomb Tab 10.1, if Apple has it way, admitting Samsung is a “formidable player.”
Lawyers for the Cupertino based giant also admitted the Galaxy launch would be a massive event and take away and “seduce” consumers from the current tab dominatrix, the iPad 2.
“This is going to be launched on the market with the velocity of a fire hose and [the Galaxy Tab 10.1 is going to just come in and take away iPad 2 sales so quickly that by the time we get to final hearing the full impact of the patent infringement will be felt to the detriment of Apple and to the benefit of Samsung,” Apple counsel declared.
However, Samsung Counsel, David Catterns, pointed out it is “crucial to us that we are the first mover in the Android market and not left behind everyone else.”
The tabs market is growng and Apple’s sales will continue to rocket up, he warned. “People will choose to stick with Apple or move to a completely new system,” referring to the intense competition between Apple iOS and Google Android currently beign played out.
He also spoke of the need to move now, and not in a year’s time.
Samsung’s legal team also questioned why Apple had targetted its new thinner Tab in particular and not the 7 inch model released last year, to which Apple replied it had “engaged in negotiations” with Samsung on the issue.
Read Samsung Vs Apple About Gesture Not White Boxes & iPad 2 Design Here
And Apple was on a rampage once again today, bringing out a slew of evidence attempting to prove that its arch rival the Galaxy Tab 10.1 infringed patents it owns and uses on its iPad 2.
“You’ve got to be joking” Justice Annabelle Bennett cried, having been presented with a huge batch of evidence from Apple Counsel including an iPad DVD demo, showing the functionality of the device.
“I don’t know what you want me to do with this,” Justice Bennett replied, fearing she might ‘draw to her own conclusions.’
Instead, Bennett was invited to view the Galaxy Tab 10.1, which has now been delayed for launch in Australia, until a final decision is made on an interlocutory injunction next week.
‘Turn It On And Look At It’
Justice Bennett was invited to ‘turn on and look’ at both the US and Australian version of the Galaxy Tab, separately.
Apple then went on to accuse Samsung of tinkering with the Aussie version, arguing the touchscreen on the US and Aussie version were of different configurations.
They had the resources to do it and would, in Cupertino’s view, have taken a round 550 man hours or 3 weeks to complete, the Sydney court heard.
Samsung Attorney David Catterns firmly denied the latest accusation from its iPad rivals, claiming he had “never heard the argument before” and denied his client would be able to adjust the device, hardware wise.
He also arged its source codes were different to Apple’s, depending on X and Y axis, as wll as reiterating a denial of patent infringements.
Sotware was changed for Australia, a standard practice in the industry.
However Catterns did admit “we compare ourselves to them” – Apple is the benchmark.”
However, prior to the break of the court sitting for lunch, the judge warned the patent infringements which the case centres around, “may not be in the same class” and may require separate analysis.
The case, which was though to wrap up today, is now to slip into early next week.
However, Justice Bennett did appear to have some sympathy for Samsung’s position as the tablet outsider looking to get a slice of the pie and what a ban of its new Tab 10.1 might mean.
“Apple has the existing market, Android is competing with it as well as competition within its own (Android) eco system” she said.
“You intend to grow the market and take share from Apple.”