Samsung Galaxy Tablet Ban in Australia Lifted, Apple to Appeal

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Apr 12, 2001
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Sydney Morning Herald reports that an Australian court has lifted the ban of the Samsung Galaxy Tab 10.1 in Australia, reversing a previous injunction.
The full bench of the Federal Court - Justices John Dowsett, Lindsay Foster and David Yates - today unanimously reversed a Federal Court judge's ruling last month that Samsung's Galaxy Tab 10.1 be banned from sale in Australia.

"Samsung will be permitted to launch the Galaxy Tab 10.1 in Australia provided it keeps accounts of all transactions involving that device in Australia," the judges wrote in their judgment.
Apple, however, was able to extend the ban until Friday at 4pm while it prepares for an appeal to the High Court.

For those who have been following the legal battles between the two companies, Apple has been trying to ban Samsung's Galaxy tablet in a number of markets due to similarities to the iPad design. In this case, Apple had previously obtained an injunction preventing Samsung from selling the Galaxy Tab 10.1 in Australia. The Galaxy Tab had also been blocked in Germany.

Article Link: Samsung Galaxy Tablet Ban in Australia Lifted, Apple to Appeal
 

macrumorsuser10

macrumors 6502
Nov 18, 2010
261
186
I feel sorry for the poor folks in Australia. Some of them will mistakingly buy a Galaxy Tab instead of an iPad.
 
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*LTD*

macrumors G4
Feb 5, 2009
10,703
1
Canada
Good, finally a judge with some sense. Apple's lawsuit clearly had no leg to stand on.
Not quite.

Apple appealed it, and this will cause further delay.

In context:

1) Apple has already had courts side with them on injunction matters.
2) None of Apple's products have been successfully banned for any length of time.
3) Apple has already done damage to Samsung, and with the granting of the stay, will continue to do damage.
4) Meanwhile Apple's case has legs enough for an appeal.

http://www.zdnet.com.au/galaxy-tab-ban-overturned-in-australia-339327063.htm

Samsung Galaxy Tab ban overturned in Australia; Apple granted stay


“The Federal Court of Australia has overturned the preliminary injunction against the Samsung Galaxy Tab 10.1 in a stunning verdict read to the Federal Court this afternoon,” Luke Hopewell reports for ZDNet Ausitralia.

“The unanimous decision made by Federal Court Justices John Dowsett, Lindsay Foster and David Yates ordered that the injunction made by Justice Annabelle Bennett be overturned, allowing the Samsung Galaxy Tab 10.1 to be released in Australia,” Hopewell reports. “In a surprise move, however, Apple legal counsel Stephen Burley SC then sought a stay of the orders handed down by Justice Foster so that an appeal against the overturning of the injunction could be heard before the High Court of Australia.”

“Naturally, Samsung had strong objections to the stay of orders. ‘This order serves to prolong the injustice held against Samsung,’ the Korean gadget-maker’s representatives told Justice Foster today, adding that any stay or appeal to the High Court would see Samsung crippled in the upcoming Christmas shopping season. ‘Any stay, no matter how short, given the [impending] … Christmas season would prove further hardship to Samsung,’” Hopewell reports. “Justice Foster conceded to the orders proposed by Apple and issued a stay of orders until 4pm (AEDST) on Friday so that Apple could file its appeal in the High Court of Australia.”


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A lot of people want Galaxy Tabs, if not, then Apple wouldn't try to ban them.
Who?

There's no evidence that they're selling out in other markets. There is no US ban on the product.
 

vitzr

macrumors 68030
Jul 28, 2011
2,766
3
California
Apples poison filled tentacles have a very long reach. Long known as a polarizing company this elevates them to the worlds most nefarious bully.

Despite the claims against Samsung, the reality is Apple has already won this war. Why continue to fight an underdog that poses no threat anyway?

It's not like Apple is losing business to them, or is struggling to survive.

Why not use the time and energy in a positive way? It's this vindictive vicious side of Apple that's rather disgusting.
 

*LTD*

macrumors G4
Feb 5, 2009
10,703
1
Canada
Apples poison filled tentacles have a very long reach. Long known as a polarizing company this elevates them to the worlds most nefarious bully.

Despite the claims against Samsung, the reality is Apple has already won this war. Why continue to fight an underdog that poses no threat anyway?
If you don't get serious about defending your IP, then others will get serious about infringing it.

Apple loses absolutely nothing at all by continuing to pursue this.
 

macrumorsuser10

macrumors 6502
Nov 18, 2010
261
186
Personally I have an iPad 2 but a guy at work wants a Galaxy Tab why shouldn't he be able to buy 1 just because we live in Australia?
Because a law was broken by the sale of patent-infringing merchandise that's basically tantamount to straight-forward theft?

Your response is no less comical than someone saying "a guy at work wants to buy a stolen car, why shouldn't he be able to?" Gosh, I don't know, maybe because a law was broken?
 

risc

macrumors 68030
Jul 23, 2004
2,756
0
Melbourne, Australia
Because a law was broken by the sale of patent-infringing merchandise that's basically tantamount to straight-forward theft?

Your response is no less comical than someone saying "a guy at work wants to buy a stolen car, why shouldn't he be able to?" Gosh, I don't know, maybe because a law was broken?
Oh please... why is the tablet for sale in the US then? :rolleyes:

I love my Apple products as much as the next guy but you rampant fanboys/girls are insane!
 

Dbrown

macrumors 6502
Oct 15, 2010
350
0

Rodimus Prime

macrumors G4
Oct 9, 2006
10,136
4
question assuming Apple losses the case in the end how many billions will/should it being paying Samsung for the loss sales and cost of dealing with the ban.
 

nagromme

macrumors G5
May 2, 2002
12,546
1,195
Good call. This ban is completely unenforceable: it would be nearly impossible for officials to tell Samsung products from real iPads, to figure out which ones to stop :)

P.S. Imagine the awesome things that we don’t have in the market because Samsung never bothered to design them; instead they copied Apple down to numerous tiny details—right down to cabling and packaging in some cases! If you like choice, and competition, you should oppose blatant cloning whether a law has been broken or not.
 
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