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Australian Appeals Court Reviewing Galaxy Tab Sales Ban

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Bloomberg reports that an Australian appeals court is currently hearing testimony in its review of the injunction currently preventing Samsung from selling its Galaxy Tab 10.1 in the country due to complaints from Apple of design infringement.

apple_samsung_logos.jpg



According to the report, judges in the appeals case appear to be somewhat skeptical of the fairness of the injunction, leading to speculation that they may lift the injunction when they rule on the case early next week.
"The result looks terribly fair to Apple and not terribly fair to Samsung," Federal Court Justice Lindsay Foster said today at a hearing in Sydney on Samsung's appeal for the ban to be overturned.

Federal Court Justice Annabelle Bennett issued an injunction Oct. 13 barring the sale of the Galaxy 10.1 Tab in Australia until Apple and Samsung resolve the patent dispute at trial. Bennett failed to consider the "dire consequences" of the ban on Samsung, which has been "entirely shut out" from marketing the device, Neil Young, Samsung's lawyer, said today.
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Judges also questioned whether lifting the injunction would severely harm Apple during the approximately three-month window before the full trial can take place in March.
The introduction of the Galaxy tablet at 600 Australian stores would also affect sales of iPhones, Mac computers and applications because people who buy one device tend to purchase other related products, [Apple lawyer Stephen] Burley said.

"We're talking about a period of three months and all of Apple will come tumbling down?" [Justice John] Dowsett said. That's "very speculative," he said.
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Samsung has noted that it will scrap the Galaxy Tab 10.1 launch in Australia entirely if it is not permitted to sell during the holiday shopping season, arguing that it will have missed the window to make an impact in the market. The company has also faced lawsuits and injunctions in other countries and just last week introduced a tweaked version of the Galaxy Tab 10.1 in Germany in an attempt to skirt around an injunction there and satisfy complaints that the original design too closely mimicked that of the iPad.

Article Link: Australian Appeals Court Reviewing Galaxy Tab Sales Ban
 
Article Link
https://www.macrumors.com/2011/11/25/australian-appeals-court-reviewing-galaxy-tab-sales-ban/
soco

soco

macrumors 68030
Dec 14, 2009
2,840
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Yardley, PA
Thank modern goverment and "checks & balances" systems for this kind of stuff. Even if it's right in the end, we should always question what we do.
 
D

dethmaShine

macrumors 68000
Apr 13, 2010
1,697
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Into the lungs of Hell
So I make a copycat product and start selling it in Australia around October and when Apple sues my company, I would want the judge to appeal that it will hurt my business as well as business of retailers in Australia.

Please allow me to infringe on IP and make copy cat products. Please.
 
Winni

Winni

macrumors 68040
Oct 15, 2008
3,207
1,196
Germany.
dethmaShine said:
So I make a copycat product and start selling it in Australia around October and when Apple sues my company, I would want the judge to appeal that it will hurt my business as well as business of retailers in Australia.

Please allow me to infringe on IP and make copy cat products. Please.
Click to expand...

Since Android's development started more than four years before Apple even ANNOUNCED the iPhone, and Android was even offered to Apple before they introduced iPhone OS/iOS, I really, really wonder who's the real copycat here. Common sense tells me that Android can hardly be the copycat, especially not when it took Apple five MAJOR releases to introduce features that Android had right from the beginning.

Ah, you're talking about the hardware design? Rounded corners? You mean that rounded corner's concept that Steve Jobs stole from TRAFFIC SIGNS back in the early 1980s when the Lisa and Macintosh teams at Apple were busy stealing the idea of the graphical user interface from the Xerox Star?

Or do you mean the entire design concept that we could all already see in 2001: A Space Odyssey or Star Trek and that all simple digital frames had already had long before there even was an iPad on the market?

Really, it's not that Apple were the first ones to come up with ANY of that stuff. They created a well engineered, well designed product family. But, as we say in Germany, "es ist nicht auf ihrem Mist gewachsen" -- it didn't grow on their dung. Like everybody else in the industry, they're standing on the shoulder's of other giants and mostly just IMPROVED what others had already invented.

Yes, Apple puts a lot of culture in their products and make them feel 'unique' - but that is not always for the better. Just look at that annoyance that Apple calls "synchronization", which in their language means wiping out the target device while in everybody else's language it means bringing both the target and the source to the same levels by copying stuff in both directions.

Using words like "copycats" is just stupid Apple marketing blah like their overuse of superlatives like "awesome, revolutionary, magical, beautiful". But I admit that it never fails to amaze me how well their brainwashing works with their target audience. But at the end of the day, it was all just a shallow sales pitch.
 
P

paul4339

macrumors 65816
Sep 14, 2009
1,448
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Hey I thought, in early October, Samsung were probably going to scrap it's 10.1 tab plans completely if it misses the window to launch:

For its part, Samsung has noted that if it can not win clearance to launch the Galaxy Tab 10.1 in Australia within the next two weeks it may simply scrap the launch altogether. Samsung is willing to abandon plans to launch the product because missing the Christmas season would result in the new tablet being "dead," Neil Young, a lawyer representing the Suwon, South Korea-based company, told Federal Court Justice Annabelle Bennett in Sydney today.
...
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That was about 7-8 weeks ago (Oct 4?). Isn't it too late? Or was the "two weeks" just to put pressure on the judge to make a decision??


.
 
KnightWRX

KnightWRX

macrumors Pentium
Jan 28, 2009
15,046
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dethmaShine said:
So I make a copycat product and start selling it in Australia around October and when Apple sues my company, I would want the judge to appeal that it will hurt my business as well as business of retailers in Australia.

Please allow me to infringe on IP and make copy cat products. Please.
Click to expand...

3 things wrong with your post. This lawsuit isn't about "copying" or design, it's about patents for hardware and software. Also, both sides have cited issues with patent infringement yet only Apple was granted an injunction. Finally, Samsung has not been found to infringe on the Apple patents yet, the trial is in March.

Facts, don't let them get in the way of a good bashing uh ?

Edit : gah should always stay logged in, that way my ignore list stays in effect and I don't see these posts by people who have a tendency for heavily biased rants wit no root in reality.
 
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whooleytoo

whooleytoo

macrumors 604
Aug 2, 2002
6,607
716
Cork, Ireland.
dethmaShine said:
So I make a copycat product and start selling it in Australia around October and when Apple sues my company, I would want the judge to appeal that it will hurt my business as well as business of retailers in Australia.

Please allow me to infringe on IP and make copy cat products. Please.
Click to expand...

Why not wait until the trial, and if Samsung are found to have infringed, THEN come down like a tonne of bricks on them?

Even if Samsung win the case, and Apple are forced to pay some penalty for the injunction, it still keeps Samsung out of the market, and adds a huge amount of doubt to Samsung shareholders & potential investors.

I'm not really a fan of punishment based on accusation.
 
H

hestroy

macrumors member
Oct 4, 2011
67
8
Winni said:
Since Android's development started more than four years before Apple even ANNOUNCED the iPhone, and Android was even offered to Apple before they introduced iPhone OS/iOS, I really, really wonder who's the real copycat here. Common sense tells me that Android can hardly be the copycat, especially not when it took Apple five MAJOR releases to introduce features that Android had right from the beginning.
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Please would you name the features? I'm really interested :))

Have you seen first Android phone? Why today's phones don't look like it?

http://cache.gawkerassets.com/assets/images/4/2011/11/607064683d89c69ec3d135d46fe35925.jpg
 
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Oletros

Oletros

macrumors 603
Jul 27, 2009
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Premià de Mar
dethmaShine said:
So I make a copycat product and start selling it in Australia around October and when Apple sues my company, I would want the judge to appeal that it will hurt my business as well as business of retailers in Australia.

Please allow me to infringe on IP and make copy cat products. Please.
Click to expand...

Why people doesn't read about the subject before making ridiculous claims?

hestroy said:
Have you seen first Android phone? Why today's phones don't look like it?
Click to expand...

I think the one that haven't seen the first Android prototypes is not him, but you.

And yes, today phones look like those, some have physical keyboard and some are touch only
 
*LTD*

*LTD*

macrumors G4
Feb 5, 2009
10,703
1
Canada
Apple's came first, then Samsung's.

110624samsungknockoffs2.jpg


Where was Samsung's big January 2010 tablet unveiling? You know, the one where it would be the Samsung CEO sitting comfortably in that easy-chair giving the keynote and astounding the tech world. Or Samsung's opportunity in 2007 to say via their CEO in a landmark keynote "It's an iPod (well, not for Sammy), a phone, and an internet communicator . . . an iPod, a phone, and internet communicator . . ."

What happened? All these game-changers, after which competing devices all began to look like them, (with some people not even being able to tell them apart: https://www.macrumors.com/2011/10/1...o-struggle-to-tell-ipad-and-galaxy-tab-apart/) have Apple logos on the back.

Samsung should look up "first-mover" somewhere. They should try it for a change.
 
H

hestroy

macrumors member
Oct 4, 2011
67
8
Oletros said:
Yes, this is ONE of the prototypes. Have you seen the touch only one from the same date or do you didn't knew that there were touch only prototypes?
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Maybe this article can explain it a bit:

http://mobile.osnews.com/printer.php?news_id=25264

Still, I don't understand, why Android doesn't have 90 % of market, when it was developed earlier and was so better than iPhone... If they had top product, why they didn't release it as first?
 
Oletros

Oletros

macrumors 603
Jul 27, 2009
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hestroy said:
Maybe this article can explain it a bit:

http://mobile.osnews.com/printer.php?news_id=25264

Still, I don't understand, why Android doesn't have 90 % of market, when it was developed earlier and was so better than iPhone... If they had top product, why they didn't release it as first?
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And? I was only saying that there were touch only prototypes, not only the bb ones as you implied.

----------
*LTD* said:
....
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And this has to do with the thread exactly how?
 
W

wordsmith27

macrumors member
Oct 15, 2011
30
0
110624samsungknockoffs2.jpg


that's the app drawer open on the samsung phone. Apple was called out for that in the hearing, they said this is how samsung phones always look when they don't. very misleading picture.
 
Oletros

Oletros

macrumors 603
Jul 27, 2009
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wordsmith27 said:
that's the app drawer open on the samsung phone. Apple was called out for that in the hearing, they said this is how samsung phones always look when they don't. very misleading picture.
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Really? The hearing is about the Galaxy Tab, not the Galaxy phones. And the case is not about trade dress, but touch screen technology patents so I highly doubt that those images were in Apple's filing
 
aerok

aerok

macrumors 65816
Oct 29, 2011
1,491
139
*LTD* said:
Apple's came first, then Samsung's.

Image

Where was Samsung's big January 2010 tablet unveiling? You know, the one where it would be the Samsung CEO sitting comfortably in that easy-chair giving the keynote and astounding the tech world. Or Samsung's opportunity in 2007 to say via their CEO in a landmark keynote "It's an iPod (well, not for Sammy), a phone, and an internet communicator . . . an iPod, a phone, and internet communicator . . ."

What happened? All these game-changers, after which competing devices all began to look like them, (with some people not even being able to tell them apart: https://www.macrumors.com/2011/10/1...o-struggle-to-tell-ipad-and-galaxy-tab-apart/) have Apple logos on the back.

Samsung should look up "first-mover" somewhere. They should try it for a change.
Click to expand...

Very misleading picture, they should show the homescreen on the Galaxy and not app drawer. Once again, you fail to post relevantly due to your blindness.
 
H

hestroy

macrumors member
Oct 4, 2011
67
8
Oletros said:
Really? The hearing is about the Galaxy Tab, not the Galaxy phones. And the case is not about trade dress, but touch screen technology patents so I highly doubt that those images were in Apple's filing
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"Bennett failed to evaluate Apple’s chances of winning its patent infringement claim against Samsung as she is required to under Australian law, Samsung's lawyer Neil Young argued. Apple had accused Samsung of "slavishly copying" the design of the iPad 2."

http://www.macworld.co.uk/apple-business/news/?newsid=3320884&pagtype=allchandate
 
Oletros

Oletros

macrumors 603
Jul 27, 2009
6,002
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hestroy said:
"Bennett failed to evaluate Apple’s chances of winning its patent infringement claim against Samsung as she is required to under Australian law, Samsung's lawyer Neil Young argued. Apple had accused Samsung of "slavishly copying" the design of the iPad 2."

http://www.macworld.co.uk/apple-business/news/?newsid=3320884&pagtype=allchandate
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Have you read the actual filing or the Judge Bennett resolution for the injunction?

Or is like your claim about how looked the phones?
 
H

hestroy

macrumors member
Oct 4, 2011
67
8
Oletros said:
Have you read the actual filing or the Judge Bennett resolution for the injunction?

Or is like your claim about how looked the phones?
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OK, you are angry. I understand. I only copied part of the article, but if I offended you, I'm very sorry.

I see you have lot of information in your pocket, so would you be so kind and post picture of first only touch prototype and the actual filling?

Thanks in advance.

----------
jake921660 said:
Marketing
Click to expand...

So they waited with release of their phone because of marketing. Now I understand.
 
Oletros

Oletros

macrumors 603
Jul 27, 2009
6,002
60
Premià de Mar
hestroy said:
OK, you are angry. I understand. I only copied part of the article, but if I offended you, I'm very sorry.

I see you have lot of information in your pocket, so would you be so kind and post picture of first only touch prototype and the actual filling?

Thanks in advance.
Click to expand...


The picture of the touch only prototype has been posted by you on the osnews link.

And the filing and Judge Bennett resolution can be found googling only a little, even you can find them on here on other threads about the case.

And not, I'm not angry, only tired of seeing people doesn't spend only 1 minute to inform themselves
 
H

hestroy

macrumors member
Oct 4, 2011
67
8
Oletros said:
And the filing and Judge Bennett resolution can be found googling only a little, even you can find them on here on other threads about the case.
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So, you say, there is no mention about design in the filling?

I'm a newbie and I can't google anything...
 
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