Things are really getting juicy between Apple and Samsung in Australia as Federal Court Justice Annabelle Bennett ruled that Apple must now provide Samsung with copies of contracts with Australian cellphone carriers.
If you wil remember, Samsung has sued Apple in Australia claiming that the iPhone and the iPad infringe on patents that the company holds for various wireless technologies. Samsung asserts that Apple forces carriers to subsidize iPhone sales and is requesting contracts from Vodafone, SingTel, and Telstra if the two mobile giants can’t come to an agreement on said accusation. Apple’s lawyer Andrew Fox told the judge that “We will resist any attempts by our friends to push us into a corner,” and “This is quite clearly a fishing expedition,” and that Apple will do its best to prove that this is just another way for Samsung to find other damaging evidence.
However, Apple has already managed to ban Australian sales of the Galaxy Tab 10.1 and the two continue ongoing lawsuits in Japan, Germany, france and the United States. Earlier this month, Samsung also requested the iPhone 4S source code and was given 220 pages of code, but was mysteriously missing one file.
The international patent debacle got a little spicy yesterday when FOSS Patents reported that Motorola Mobility had actually won a German injunction against Apple that could potentially prevent them from selling Apple products in Germany. Apple has since issued a statement confirming the injunction, but before you go getting all excited, a little bit of research reveals the outcome may not actually be as it appears.
Samsung won a minor victory yesterday when a California judge threw out some of Apple’s claims against it. Samsung asked U.S. District Judge Lucy Koh to throw out several of Apple’s anti trust complaints to which the Judge Koh was apparently happy to oblige to. However, she has still not come to a ruling about Apple’s request to block Samsung phones in the US. Another important note is that Apple can amend the claims slightly and bring them back to court if they so choose.
Will this ever end?
In the ongoing Apple vs. Samsung war, it looks like Apple has put a nail in the coffin one more time, this time in Australia. A little over a week ago Apple rejected a proposal from Samsung to end this tablet battle. What’s even more crazy is right before the ruling was to go down to possibly ban the Galaxy Tab 10.1 in Australia, Samsung set up a temporary store two doors down from the Sydney Apple Store. Yesterday, the Federal Court granted Apple’s injunction to ban the Tab 10.1 in Australia until a trial is had to resolve the patient disputes between the two companies. Samsung has stated they would kill the release of the 10.1 if the injunction was granted as, without holiday sales, the tablet would be “dead” by the time it actually hit stores. The two players will be returning to court today to see if Samsung will be allowed to sell a modified version minus the technology that Apple sited in the complaint on two patents. Well, there you have it folks. I know this is getting old, but news is news. Take it as you will.
I don’t know about you but I’m a little worn out in regards to the Apple vs Samsung saga. However, we’re here to do a job and that is to report the news to our readers. So, without further ado, the latest on the forefront regarding the two handset giants coming to an agreement went south when Apple rejected an offer by Samsung to settle once and for all the dispute in regard to their alleged smartphone and tablet infringements. The refusal could subsequently cause great harm in the race for Samsung to plant a viable seed to kick off sales of their Tab 10.1 in Australia if not settled by the holiday season. Despite efforts on Samsung’s part, a lawyer for Apple explained to the Federal Court in Sydney that the offer proposed last week would simply not do and the company is still seeking for the court to rule on its behalf in that Samsung’s touch display technology is without a doubt infringing upon an Apple patent. Steven Burley, a lawyer for Apple had this to say in response:
“[The proposed deal] is one we don’t accept and there is no surprise. The main reason we are here is to prevent the launch (of the Galaxy 10.1) and maintain the status quo,”
As stated earlier, it’s no wonder Samsung is hard pressed to settle matters as quickly as possible. If Apple can halt or eliminate altogether the sales of the Galaxy Tab 10.1 in Australia they can squash any chance that Samsung had of catching up and cornering the market. An official court ruling is expected to take place next week some time.
Samsung has expressed their concern by stating to the court that if a ruling cannot be secured within an estimate of about two weeks time a certain lost opportunity will occur in attempts to get the device out before Christmas and that the company might as well takes its time arguing over the matter directly into 2012.
Neil Young, a lawyer for Samsung reiterates:
“If we can’t get a decision out by mid-October, there is no urgency”
This battle has currently reached suit in nine different countries in over 20 cases all with the hopeful outcome that Samsung will be able to move forward with sales its popular Galaxy Tab 10.1. It’s no wonder Apple isn’t letting this one go. Samsung’s smartphone and tablet sales have grown exponentially and it’s expected that Samsung may pass Apple up in regards to units sold, making it the number one handset vendor in the US. Stay tuned as the battle rages on in hopes that a settlement will come soon and/or those patiently waiting for a Samsung product to hit shelves this Christmas will be able to receive their stocking stuffer sooner than later.
Well isn’t this is interesting. We reported the other day that Apple was successful in getting the Galaxy Tab 10.1 banned in Germany, but it looks like there are some loopholes. It turns out that though Samsung Germany can no longer sell or advertise the Tab 10.1, this doesn’t apply to everyone else. This means that other retailers do not have to remove the device from their shelves and can continue to sell them. They will also be able to replenish their stock as long as the devices aren’t purchased through Samsung’s German branch. While this still poses a bit of a pain to reroute shipments from somewhere else, a retailer like Media Markt is simply rerouting their shipments from the Netherlands. So close, but still so far Apple. Nice try though. What do you all think about this?
Back in August, A Dusseldorf issued a preliminary injunction on the Samsung Galaxy Tab 10.1. It was originally for all of Europe (minus the Netherlands), but later changed to just Germany.
Today, the same court upheld that injunction which means the Samsung Galaxy Tab 10.1 is banned from any sales in the country. Presiding Judge Johanna Brueckner-Hofmann said the following when delivering the verdict:
“The court is of the opinion that Apple’s minimalistic design isn’t the only technical solution to make a tablet computer, other designs are possible. For the informed customer there remains the predominant overall impression that the device looks like the design Apple has protected in Europe.”
The judge said the court didn’t compare the Galaxy Tab 10.1 with the actual iPad, but instead focused on a design Apple filed with the European Union intellectual property agency in Spain.
Apple is at it again. Samsung recently unveiled the Galaxy Tab 7.7 at the IFA Conference in Berlin, but they were forced to remove it from the show floor because a Dusseldorf court granted Apple’s request to ban sales and marketing of it. The above picture shows them covering all references to it.
“Samsung respects the court’s decision,” Chung said, adding that the company believes it “severely limits consumer choice in Germany. Samsung will pursue all available options, including legal action, to defend its intellectual property rights, he said.
If you remember, last month the Dusseldorf Regional court granted a preliminary injunction for all of Europe (except the Netherlands) on the Galaxy Tab 10.1 because it simply looked like the iPad. It was later changed to just Germany.
The Netherlands court threw out 9 out of the 10 patents that Apple claimed Samsung infringed, and gave Samsung until October 13th to remedy the remaining patent, which will most likely be a software update.
This latest judgement in Dusseldorf took place on Friday, one day after the Galaxy Tab 7.7 announcement. Lets also not forget that Apple might have tampered with evidence.
Well, that was quick. With the recent injunction granted by a German court to halt all Galaxy Tab 10.1 sales in Europe, the hearing was moved up to August 25th after initially thought to be on September 15th. Samsung hopes to fight the ban and remain on target to sell its popular tablet despite Apple’s effort to squash that plan. Stay tuned to Talk Android as we follow up on the hearing which is expected to turn over a verdict a few weeks following that date. Feel free to leave your thoughts and rants in the comments below.