After obtaining preliminary injunctions in a number of countries, Apple's lawyers have managed to block the sale of Samsung's Galaxy Tab 10.1 in Australia. The injunction although not permanent, stays valid until a full hearing which is scheduled to happen sometime next year.The case which started with Apple claiming infringement of up to 13 patents, at the end came down to two patents, one of which credited Steve Jobs as its inventor. Sydney Morning Herald reports:Justice Annabelle Bennett today said Apple had a prima facie case that Samsung had infringed two of its patents relating to touch screens and the gestures that control them.Samsung had agreed to not start selling or even marketing the Galaxy Tab 10.1 in Australia until a decision was arrived at, and at one point of time even contemplated scrapping the release of the product due to the excessive delays.Samsung, in its response to the decision voiced its disappointment saying:
"Samsung will be seeking legal advice on its options. Samsung will continue its legal proceeding against Apple's claim in order to ensure our innovative products remain available to consumers. We will continue to legally assert our intellectual property rights against those who violate Samsung’s patents and free ride on our technology."The last sentence refers to a number of patents owned by Samsung related to wireless networks, which the iPhone 4S allegedly infringes. Samsung has been quite vocal about its decision to counter-sue Apple, eyeing at a ban on the iPhone 4S in various countries including Australia.Although we aren't intellectual property experts, at first look Apple's claim of Samsung "slavishly" copying iOS devices does seem true to a certain extent, as can be seen in this post.Florian Mueller of FOSS Patents, goes onto speculate:
The two patents on which today's ruling is based aren't Galaxy Tab 10.1-specific at all. They will affect all Android-based smartphones and tablet computers, across all vendors.If Apple wins the Australian case at the end of the main proceeding, all Android-based products will effectively be shut out of the Australian market forever, unless Google or its device maker partners settle with Apple.For now, this decision essentially means that Samsung's Galaxy Tab 10.1 won't ever make its début in Australia. Even if the outcome of the final hearing (which won't start before next year) goes in Samsung's favor, the market by then would have evolved a lot making the Galaxy Tab 10.1 outdated.[via SMH, iTnews]TweetRelated PostsDutch Court Bans The Sale Of Samsung Galaxy Smartphones In EuropeCourt Ruling Compels Samsung To Withdraw Galaxy Tab 7.7 From German Trade FairAustralian Judge Advises Apple To Disclose iPad Sales In U.S. And U.K. To Make Their Case Against Samsung StrongerApple Wins Permanent Ban On Sales Of Samsung Galaxy Tab In GermanyApple Granted Preliminary Injunction Barring Sale Of Samsung’s Android-based Galaxy Tab 10.1 In European UnionPosted by Rounak on October 13, 2011 in Apple News, Apple Patents | Permalink|Comments (10) Comments
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Derek said... i think all this is crap and i have gone from apple to android and think everyone should be able to use others patents cause it can not be hard to come up with the same ideas, infact 20 years ago i came up with the idea of using a touch screen but did not patent it, what a load of bol****s
October 13, 2011 at 8:02 PM Reply
fas said... Stop this fight guys, will you?
October 13, 2011 at 8:32 PM Reply
More information please said... Touch screens have been around for years. Think of some Automatic Teller Machines, computer based information kiosks at hardware stores, tourist centres and airports. What about the domestic GPS unit.
All these devices have touch screens and put to market before any ipad. The concept of entering data by touching a screen is not new.
Exactly what was the infringement in regards to touch screens? 1. The concept of using a touch screen as an input output device device, or
2. The electronic design of the touch screen?
Is Apple claiming the touch screen is all their idea and no one else in the world had ever built a touch screen i/o device before them?
October 13, 2011 at 9:45 PM Reply
Diaz said... Capacitive touchscreen is apple’s invention-
And the screens you were talking about don’t support gestures like two finger zooming etc..
So samsung is violating apple patents in those cases-
But apple seem to be also violating samsung’s patents..
This is really exciting- the more there will be competition between them the more we are willing to have awesome devices from them because they all claim to do the best possible smartphones. I owned iPhone 2g, 3GS and I’m using the 4 currently but I am eager to see what the Ice Cream Sandwich has to offer.
Competition is good for consumer! Keep fighting please \ABS\Auto Blog Samurai\data\Stuff I Stole From The Internet\Iphone Hacks\icon_smile.gif)
Hank said... I have to agree with Diaz. I think Apple came up first with multitouch device.
No one is denying that touch screens have been around for years, but they were limited to single tap commands from a stylus. For example, you could not zoom in/out by pinching your two fingers.
It is justifiable for Apple to defend their products.
October 14, 2011 at 12:24 AM Reply
anakin said... lol Apple is desperate. They are fighting an unwinnable war.
Sorry but, software wise, nothing can beat a flexible mobile OS like Android. Even scientists, engineers at NASA has come public stating they preferred android over the iphone on the space station because it is more easier and more customizable to use.
And hardware wise, the iphone has only apple. The android has an army (samsung, htc, etc..) of new handsets (phones or tablets) released every year all different variations for different needs. Apple cannot keep up. I would agree that the first 2-3 years of android phones had its share of problems but the new phones like the samsung galaxy s2 is changing everything.
We have passed the tipping point of Apple’s success since last february and Apple knows it. The iphone will always exist but will see its popularity diminish considerably.
October 14, 2011 at 12:52 AM Reply anakin said... btw for those who are curious;
Android now has 190 million activations in 130 countries, up from 135 million 3 months ago. Google+ has over 40 million users, and over 3.4 billion photos have been uploaded to date.
Android is growing day by day.
October 14, 2011 at 12:57 AM Reply
RelicS13 said... hey anakin, go away…
oh and your gay
eddie-a said... Apple just sold a million iPhones in 24 hours. Doesn’t matter what the internals of a phone have so long as it runs fine, that’s why iOS is better.. it’s not fragmented like Android. why are you on an iPhone forum anyway? came here to hate as usual? get out of here fandroid
October 14, 2011 at 2:33 AM Reply
Ksimply said... its monopoly for each other’s….its a Politics of Electron…wht u like buy it …wht u dont ….dont try …
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