Apple have just lost the right to prevent Samsung selling new Tabs in Australia, meaning a new Galaxy could be just days away. In a Sydney court today, Apple were seeking to prevent its tablet rival from launching any new device, while it awaits the outcome of the current case involving the Galaxy Tab 10.1, which Apple argues is a clone if its flagship, iPad 2.
The sale of the Galaxy Tab 10.1 which was banned by Justice Amanda Bennett in court yesterday, after granting an interim injunction to Apple, meaning the device won’t go on sale at lest until the full trial hearing goes ahead, which is timetabled for November 1, Melbourne Cup day.
Apple were also dealt a second blow of being prevented from vetting any Samsung Tab 10 days before it is launched here in Australia.
This ruling from Justice Amanda Bennett means Samsung Galaxy 7.7 inch Tab, announced earlier this year at IFA trade show in Berlin (although prevented from being shown due to Apple slapping a ban) could be winging its way Down Under soon.
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Samsung are likely to be desperate to fill the void in its tab line – due to the ban of its flagship ‘thinner and faster’ Tab 10.1, which was due for release here last month, until Apple began legal proceedings claiming several patent infingements.
Samsung have lodged a counter lawsuit against Cupertino, claiming it has violated some of its wireless technology patents.
Lawyers for the iPad maker claimed Galaxy rivals could release the now banned Tab 10.1, under a different name.
“Samsung says Galaxy Tab 10.1, we say any tablet device” Apple lawyers argued.
“We know what may well come is another version of the tablet. It’s up to our friends as to how they name it, whether they call it the Galaxy Tab 10.1 or 10.2 or 10.1s or whatever it happens to be.”
Samsung’s counsel rejected the arguments and claim another tab launch would be separate to the current device under patent claims, arguing the granting of such an order would put it at an unfair disadvantage as a competitor of Apple.
“Your honour’s reasons dealt only with the 10.1 device … as a matter of principle your orders should only deal with the 10.1 device,” Samsung’s counsel said.
“Why should Samsung be put in a different position to any other trader in the marketplace, which is to give advanced warning so as to confer some process of effective pre-approval in the hands of its competitor,”
So, the Apple V Samsung tablet trial kicks off again next month, however, it is highly unlikely Australian consumers will see Galaxy Tab 10.1 this side of Christmas.
However, a replacement device now seems imminent.
Justice Bennett also offered to schedule hearings outside the Federal Court’s normal timetable today, possibly early next year in order to hurry up proceedings.