John Paczkowski

Recent Posts by John Paczkowski

Apple Wins Ban on Samsung Tablet in Australia

Apple scored another victory Thursday in its global patent battle with Samsung, when a Federal Court in Australia issued a temporary injunction barring the South Korean company from selling its Galaxy Tab 10.1 tablet computer there.

Justice Annabelle Bennett ruled that the Galaxy Tab can’t be sold in Australia until Samsung’s patent dispute with Apple is resolved. “Despite the force of Samsung’s submissions, I have found that Apple has established a ‘prima facie case’ for the infringement of claims of both the Touch Screen Patent and the Heuristics Patent within the O’Neill test,” Bennett wrote. “That is, it has established a probability, not necessarily in the mathematical sense, that it will, on the present evidence, succeed at trial. … I am satisfied that it is appropriate to grant an interim injunction, however I propose again the opportunity of an early final hearing on the issues presented in this application.”

Lousy news for Samsung, which will now likely miss the approaching holiday shopping season, and may as a result opt not to launch the current iteration of the Galaxy Tab in Australia at all. Earlier this month, the company’s legal counsel said as much, telling Bennett that Samsung would likely abandon plans to launch the tablet Down Under altogether, because missing the Christmas season would essentially mean it was “commercially dead” by the time it reached market.

But for now, Samsung has vowed to fight on, saying it is confident it will prevail in its counterclaim alleging Apple infringes its wireless standard patents. “We are disappointed with this ruling and Samsung will be seeking legal advice on its options,” the company said in a written statement. “We will continue to legally assert our intellectual property rights against those who violate Samsung’s patents and free ride on our technology.”


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