Samsung slays Apple in tablet war

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This was published 12 years ago

Samsung slays Apple in tablet war

By Asher Moses
Updated

Samsung's Galaxy Tab 10.1 will be on sale "next week" after the High Court today denied Apple's request to appeal against an earlier decision overturning the ban on the device.

Late last month the full bench of the Federal Court unanimously reversed a ruling that banned the Samsung Galaxy Tab 10.1 in Australia until a full hearing next year. The court had found that the original judge, in granting the temporary ban, didn't properly weigh up the strength of Apple's case.

Today's decision was critical because, if Apple was granted special leave to appeal against the decision, the Samsung tablet would most likely never have seen the light of day, as, by the resolution of the case, it would have been overtaken by newer products.

In a telephone interview after today's ruling Samsung Australia vice-president of telecommunications, Tyler McGee, said he was pleased with the outcome. "It's fantastic for us and also for the consumers in Australia who now have the opportunity to play with the Galaxy [Tab 10.1]."

The Samsung Galaxy Tab 10.1

The Samsung Galaxy Tab 10.1

Samsung's tablet would be available to take home from stores ''towards the latter part of next week'', he said. The RRP of its 16GB Wi-Fi Galaxy Tab would be $579 and 3G version $729 - exactly the same price as Apple's base Wi-Fi and 3G iPad models.

''My understanding is that certain channels will have pre-sales available today,'' McGee added.

The South Korean company couldn't begin selling its tablet in Australia today because, under the terms of a previous ruling, Samsung was ''banned from importing any stock into the country'', he said.

In the High Court today Apple's lawyers again pressed their case that the original judge was correct in granting the injunction against the Galaxy Tab. They said the Federal Court analysis in overturning the ban was "replete with error" and maintained the original judge conducted the proper analysis.

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One of the judges today said Apple only won the original ban by the "skin of its teeth" as Samsung was penalised for refusing to agree to an early final hearing. Apple acknowledged that there was a "prospect of irredeemable harm" on the part of both Samsung and Apple in this case.

Samsung's lawyers said the full bench of the Federal Court was correct to overturn the ban as no "substantive analysis" of the strength of Apple's case had originally been done. Apple said her honour appropriately "traversed through the arguments from either side" and argued the ban should be reinstated.

The High Court today agreed with Samsung and the judges said Apple's special leave would be "denied with costs". A person in the legal profession who didn't wish to be named and was not involved in the case estimated costs would be in the "hundreds of thousands".

Retailers such as Harvey Norman have been dismayed at their inability to sell the Galaxy Tab in Australia despite numerous online sellers offering the device to Australians.

Senior patent lawyer Mark Summerfield, of Melbourne firm Watermark, said that 63 special leave applications were published by the High Court in October and of these only five were granted. He said it was rare for appeals to the High Court to be accepted.

"There will still be a full trial on Apple's primary infringement application back before Justice Bennett in the Federal Court at some stage, although no date is set as yet. But nothing more before the High Court," he said.

He said he was not surprised by today's High Court decision. ''My own view is that the full Federal Court's decision was a good one, which settles the law as to the approach to be taken when considering the grant of interlocutory injunctions in patent cases, and will stand us in good stead for the foreseeable future.''

Apple and Samsung have been locked in heated legal battles in more than 10 countries since April. Each side accuses the other of infringing smartphone and tablet patents.

Samsung retaliated against Apple by seeking to block sales of Apple's iPhone 4S in Australia and other countries. An Australian court will hear that separate case in March and April next year, but Apple is free to sell the iPhone in the meantime.

- with Ben Grubb

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