Samsung banned from selling Galaxy 10.1 Tab in Australia

Samsung banned from selling Galaxy 10.1 Tab in Australia

Samsung has been banned from selling the Galaxy Tab 10.1 in Australia after a Sydney court granted Apple a temporary injunction to prevent sales.

The manufacturer has been ordered by the New South Wales Federal Court to stop sales of its flagship tablet device, in the latest development in the ongoing bitter patents battle between Apple and Samsung.

The ban effectively means that the Galaxy Tab 10.1 will not be launched in Australia until the patent battle has been resolved, which could take months.

Apple has been handed the latest victory in the patent war that began in April this year when Apple sued Samsung for infringement of patents and trademarks.

The firm claims that Samsung has ‘infringed’ the design and functionality of its iPad and iPhone products in their Galaxy tablet and smartphone range and releasing the Galaxy Tab would damage sales of its iconic iPad 2.

Meanwhile, Samsung is counter-suing Apple over what it claims are infringements of some of its wireless patents.

This latest judgment comes just weeks after a German court ruled in Apple’s favour and agreed that Samsung had copied the design of the iPad and banned sales of the Galaxy Tab 10.1 in Germany.

A Samsung spokesperson said: '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.

'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.'

Samsung can appeal against the ruling within 14 days of the release of the written judgment. However, if the ban is upheld, the manufacturer could miss out on potential revenue in the run up to Christmas.

Colin Fowler, litigation lawyer at UK specialist IP law firm Rouse, commented: 'In the absence of a successful appeal the Australian injunction may keep a hot product off a significant market for the key Christmas selling season which would be a good result for Apple. The decision is also important for other Android device makers.

'Nevertheless, the stakes are so high in the global battle between Apple and Samsung that the Australian position must be seen in that context. The injunction decision due from the United States District Court for the Northern District of California is a separate matter.'

Fowler added: 'Whilst Apple has benefited from several recent victories, if the Californian court refuses to grant Apple’s injunction then that will be a significant victory for Samsung, given the importance of the USA market.'


Written by Mobile Today
Mobile Today


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