What a week for Apple. But its Samsung’s worst nightmare as its hyped Galaxy Tab 10.1 is now banned from Australia. Apple have once again succeeded in banning rival Samsung Galaxy Tab 10.1 from launching, which it said during the prolonged case would “seduce” consumers, in awe of the Tab’s thin build and fast(er) speeds, compared to iPad 2.
This means Aussies will be prevented – temporailiy at least – from buying the Android Honeycomb Tab 10.1, which is now holds illegal status here, following todays ruling by Justice Amanda Bennett at Sydney’s Federal Court.
A full hearing is to the case it to be heard next month, although it is unlikely the outcome will be in Samsung’s favour to a case that has been before court for more than two weeks, and first lodged by Apple in July.
Apple accuse Samsung of violating patents relating to touchscreen and heuristics technology. Samsung counter-sued its iPad rival accusing Cupertino of nicking its wireless patents, in a claim lodged to NSW court on September 16 last.
Click to enlarge
After the judgement today Samsung said it was “confident” it can prove its case against Apple.
Samsung may attempt to rejig the Android device as per the ‘upgrades’ it pledged to make yesterday on Galaxy S II, which Apple are also looking to ban in Europe, or else plans its next Tab release minus the patents under scrutiny.
Apple established prima facie case, the Judge told a packed Federal Court Room A this afternoon, and had established “probability” in Cupertino’s favour that they would win their patent trial, now set down for November.
The ‘balance of convenience’ between both parties was “almost evenly weighted” she admitted, but found in Apple’s favour.
Justice Bennett didn’t take the case lightly, noting the detriment to Apple would be significant either way but also damage to Samsung would be equally “significant.”She also said she understood the short life span of the tab devices in question.
However, “it is appropriate to grant the interim injunction,” she declared. “The orders I make today are limited,” referring to the interim injunction imposed. The full decision will be read tommorrow Friday in court.
Justice Bennett acknowledged that by the time any “final” decisions are reached that the Samsung Galaxy 10.1 could become a discontinued product.
Tab On The Run
iPad current is the dominant force in tablet market here accounting for three out of every four devices bought ans has sold more than half a million units since its release here this year.
The forbidden fruit that is Tab 10.1 has emerged as one of the fastest, thinnest (8.6 mm) tablets in the world – with higher specs than iPad 2 – with 1GHz dual-core Tegra 2 processor, 720p HD video recording, Adobe Flash (which is lacking on iPad 2), 1080p HD playback, DLNA support, Bluetooth 2.1.
Click to enlarge
Although Samsung 7 inch Galaxy Tab launched last year was met with limited success the 10.1 was tipped to be the one to watch. (Having seen the Tab for myself in London, I agree).
But what a week its been for Steve Jobs’ brainchild. Although its leader has passed, Cupertino can now look forward to a bright future, especially now since pesky Samsung and its Tab 10.1 is out of the way for the moment, in Oz at least ,allowing it to maximise sales during the Christmas rush.
Cases are pending in the US and Europe with Apple seeking to ban Samsung Tabs and smartphones and just yesterday Samsung said it would make ‘upgrades’ to the Galaxy S II in order to allow the device be sold in several European countries.
And Apple can now it can look forward to more glory in the smartphone arena with its iPhone 4S release tomorrow in Australia, which has an almost cult following, with queues already gathering outside its George St Store.
It already sold one million devices on pre-sale globally, Apple confirmed on Wednesday.
However, Samsung’s pop up store are also giving away $2 phones, just a few doors down, which has prompted so it should be an interesting spectacle to watch in downtown Sydney tommorrow morning, kicking off at 8am.
Shortly after the hearing today Samsung Australia said the following:
“This is a part of our ongoing legal proceeding against Apple’s claim. Samsung is also confident it can prove Apple’s violation of Samsung’s wireless technology patents through a cross claim filed on September 16, 2011 with the Federal Court of Australia, New South Wales.
“Our wireless standard patents are essential for mobile business. We will continue to legally assert our intellectual property rights against those who violate Samsung’s patents and free ride on our technology.