Apple Wins Temporary Galaxy Tab 10.1 Ban in Australia

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Apple won another victory against Samsung in Australia by convincing a court to issue a temporary injunction blocking the sale of the Galaxy Tab 10.1 tablet in the country. The two companies have been fighting legal battles in several countries over claims that they are infringing on each other’s mobile device patents.

The ruling is bad news for Samsung because it likely won’t be able to get a new ruling in time for the holiday buying season, and the device could be essentially obsolete by the time it works out a deal.

Apple blocks Samsung Galaxy Tab 10.1 in AustraliaApple blocks Galaxy Tab 10.1 sales in Australia

Apple and Samsung have been locked in a legal battle over patent infringement claims for several months. Both companies have alleged that the other’s mobile devices use patented technologies without proper licensing, and have filed lawsuits against each other in the U.S. and other countries.

A German court recently upheld an injunction blocking the sale of Samsung’s Galaxy Tab 10.1 tablet in the country, and the company filed an appeal in hopes of overturning that ruling. Apple was also awarded a temporary injunction through a Dutch court blocking the sale of some Galaxy devices in the European Union.

Once of the patents Apple used as part of its injunction argument describes touchscreen heuristics, according to Florian Mueller of Foss Patents, which could lead to even more headaches for Samsung and any other company that plans to bring Android-based devices to Australia.

“After today’s decision, I believe no company in the industry be able to launch any new Android-based touchscreen product in Australia anytime soon without incurring a high risk of another interim injunction,” Mr. Mueller said. “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.”

He added that should Apple win a permanent injunction based on those patents, Google and other smartphone makers would have to strike a deal with the company to launch any Android-based devices in Australia.

The Australian Court ruling comes only hours ahead of a U.S. court hearing where Apple is hoping to win yet another injunction against Samsung. Should the U.S. District Court in California side with Apple, Samsung could be facing a nation-wide ban on the Galaxy Tab 10.1 tablet, as well as the Infuse 4G, Galaxy S 4G and Droid Charge smartphones.

Apple has not commented on the temporary injunction in Australia.

Comments

Lee Dronick

Seeing as this case took place in Australia you should vertically flip the legal scale graphic. smile

RonMacGuy

Since Apple wins the ban in Australia, should the scales be tipping in Apple’s favor now?  And, replace the ^ (‘A’) symbol in SAMSUNG with a frowny face!!

Nemo

Now, we know why Samsung and all other Android OEMs that can do so are rapidly diversifying their mobile platforms away from Android.  Samsung recently entered a broad licensing deal with Microsoft, both to pay Microsoft licensing fee for Microsoft’s IP that it alleged Samsung infringes in its Android devices and to license Windows Phone for future Samsung smartphones.  Samsung, under the imprimatur of the Korean government, is working to with the government and other Korean OEMs to develop and open-sourced and duly licensed mobile OS that is based on Linux.

Also, both Samsung and HTC have sniffed around a potential purchase of WebOS.  However, now, if Meg Whitman has the slightest competence as a CEO, HP is likely to reconsider its options with WebOS, whether it wants to sell it, license it, or even revive the WebOS division.  And HTC has also looked to Microsoft for its Windows Phone OS.

The only major Android OEM not to diversify its mobile platforms is—you guessed it—Motorola Mobility (Moto), which, if the deal closes, Google will soon own.

It is quite simple:  If the risk of injunctive relief could prevent you from selling your Android devices, and if potential damages and royalties could consume your profits from selling Android device and make Android no better choice than licensed Windows Phone and WebOS, you prepare to alternatives by diversifying mobile platforms.

But what can Android’s developers do?  After already facing rampant piracy on the Market; Oracles’ infringement lawsuit, which may shut down or at least further burden Android with additional licensing fees; an environment on the Market where it is very difficult to make any money from a subscription app; and now preliminary injunctions or the threat of preliminary injunctions in every major market, except China where non-domestic developers can’t make any money anyway, I wonder why any Android developer would at this point risks substantial investments to develop an app for the Android OS? 

Android OEMs are certainly hedging their risks where they can.

BurmaYank

But what can Android?s developers do?? After already facing rampant piracy on the Market; Oracles? infringement lawsuit, which may shut down or at least further burden Android with additional licensing fees; an environment on the Market where it is very difficult to make any money from a subscription app…”

ARRRGHH!  Well, how about looking around for an eye-patch, a pegleg, a shoulder-Polly & a “Teach Yourself Mandarin/Cantonese” manual, so you can hustle your wares over in the Jolly Roger camps of the mutant Droidoid platforms, which seem poised to take over Google’s SE Asian markets?

Nemo

“ARRRGHH!  Well, how about looking around for an eye-patch, a pegleg, a shoulder-Polly & a ?Teach Yourself Mandarin/Cantonese? manual, so you can hustle your wares over in the Jolly Roger camps of the mutant Droidoid platforms, which seem poised to take over Google?s SE Asian markets?”

Burma Yank:  That was good one.  I got an image of Bosco sporting an eye-patch, hawking his Android apps in China, hopping on a pegleg and uttering Chinese gibberish, as he tries to sell his Android apps for ten cent a piece.

skipaq

This news is yet one more step towards Android OEM’s crying uncle and going to plan B. That is if they have a plan B.

mhikl

The dancing continues with John M?s adding frills to this wonderful news. Android OEM?s plan B will be designing scanner toilets. I did a search and that field is wide open for innovation. No patents pending.

Bosco (Brad Hutchings)

Ahoy. Selling apps isn’t the only business model that makes app development worth doing, even necessary.

furbies

Seeing as this case took place in Australia you should vertically flip the legal scale graphic.

Actually Sir Harry, the graphic, like Australia IS the right way up.

It’s you folks on the other side of the equator that are upside down!

Lee Dronick

It?s you folks on the other side of the equator that are upside down!

“Do you come from a land down under?
Where iPads glow and ‘Droids plunder?

furbies

furbies said:

It?s you folks on the other side of the equator that are upside down!

?Do you come from a land down under?
Where iPads glow and ?Droids plunder?

Damn that band and that particular song!

The lyric: “Do you come from a land down under?”
should have been: ” Do you come from a land down upper?”

Mind you, they got their just deserts. They recently lost their appeal against plagiarising some childrens song.

RonMacGuy

Hey furbies, do you speaka my language? You can smile and keep your Vegemite sandwich!!

grin

I LOVE that song!!

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