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News tagged ‘Galaxy Tab’
Samsung Galaxy Tablet Ban in Australia Lifted, Apple to Appeal
Sydney Morning Herald reports that an Australian court has overturned a preliminary injunction against Samsung's Galaxy Tab 10.1. Apple was able to extend the ban until Friday at 4pm while it prepares for an appeal to the High Court.
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.
The original ruling came last month from Justice Annabelle Bennett. Following the initial injunction, Samsung was quick to appeal the decision in hopes of releasing the device in time for the valuable Christmas shopping season. Samsung lawyer Neil Young said in October that the Galaxy Tab 10.1 would be "dead" if it was delayed past Christmas.
Apple Seeks Ban on Sales of Revised Samsung Galaxy Tab 10.1N in Germany
Galaxy Tab 10.1N (top) vs. Galaxy Tab 10.1 (bottom)
Apple has reportedly filed a request for a preliminary injunction to prevent sales of the revised Galaxy Tab 10.1N, a design-tweaked variant of the original Galaxy Tab 10.1, in Germany. Samsung launched Galaxy Tab 10.1N last month in attempt to deal with the ban on Galaxy tab 10.1 sales in the country.
Apple has requested a preliminary injunction, and the Duesseldorf regional court has scheduled a hearing on the matter on Dec. 22, a spokesman for the court told Dow Jones Newswires on Tuesday.
The move has no effect on sales and distribution of the product, Samsung said in an emailed statement, while Apple repeated earlier comments that it intends to protect its intellectual property.
Apple clearly believes that slight changes in design of the Galaxy Tab 10.1 are not sufficient to overcome the ruling that the Galaxy Tab design is almost similar to the design of the Apple’s iPad, and that is why Apple has decided to claim a new injunction.
Samsung attorney says Australian judge wrong in banning its iPad-like tablet
Samsung's attorney Neil Young claims that Australian judge Annabelle Bennett was wrong in granting Apple a temporary injunction against the Galaxy Tab. He stated at an appeal hearing that she made a series of errors and did not understand key elements of the case. The judge issued the ban on the basis of just two of the patents, but Apple’s claims are based on 13 company’s patent infringements. So the judge decided that they were enough to warrant a temporary sales ban until the full case will be solved. However, Samsung may lose their customers during the holiday sales season at least in Australia.
As far as we know, Apple is also suing Samsung in California and in some other countries. A separate injunction on sales was won by Apple in Germany. Rather curious incident occurred in the US court. A judge, who held Samsung’s Galaxy Tab and Apple's iPad in the air, asked Samsung's attorneys to identify which one is made by Samsung. Surprisingly, the attorney preferred to evade a question.
Of course, Apple's attorney Stephen Burley does not agree with Samsung's attorney. He believes that Bennett reviewed the infringement case in a detailed fashion. Moreover, he claims that Apple had good chances to win infringement.
Australian Appeals Court Reviewing Galaxy Tab Sales Ban
Bloomberg reports that Australian appeals court is hearing testimony related to the injunction issued to prevent Samsung from selling its Galaxy Tab 10.1 in Australia. As you remember, the injunction was result of complaints from Apple of design infringement. Judges in the appeals case are skeptical of the fairness of the injunction.
“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.
The injunction was issued by Federal Court Justice Annabelle Bennett on October 13. According to the injunction, Samsung’s Galaxy Tab 10.1 was banned from selling in Australia until Samsung and Apple resolve the patent dispute. Neil Young, Samsung’s lawyer, said that the Justice did not take into account the “dire consequences” of the ban on Samsung. Judges may allow Samsung to sell the device during two-three months before the full trial can take place in March, believing that it won’t severely harm Apple.
Samsung modifies, rebrands and relaunches Galaxy Tab 10.1 in Germany
New Galaxy Tab 10.1N (top) vs. Galaxy Tab 10.1 (bottom)
Samsung tries to bypass patent infringement from Apple, modifying the design of its Galaxy Tab 10.1 touchscreen tablet in order to re-launch it in Germany. Moreover, Samsung decided to rename the device. The new product is known as the Galaxy Tab 10.1N. The most obvious difference from the front of the device is that the metal frame around the edges of the device now wraps around slightly toward the front along two of the edges. We are not sure that such device will definitely steer clear of infringement. Anyway, it’s up for the Court to decide.
"But without a doubt, Samsung has upped the ante fro Apple and its lawyers in case they wish to request a new injunction or allege that this constitutes an infringement of the existing one."
Germany seems to be a really important battleground in the fight between Samsung and Apple. Last week, Samsung filed a new complaint against Apple in the country. And it’s obvious that the company decided to redesign its device because of permanent ban from selling the Galaxy Tab 10.1 in Germany.
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Australian retailer ignores injunction, sells Galaxy Tab
The Sydney Morning Herald reports that despite the injunction prohibiting the sale of Samsung’s Galaxy Tab tablet in Australia, several Australian retailers have ignored Apple's threats and continue to profit from demand for the barred Samsung tablet.
At least one, dMavo, said it had created a separate entity in Europe to place it outside the jurisdiction of Australian courts, with the tablets delivered to customers from Asia.
"We have a new entity established and a separate server - just to deal with the tablet orders - that is undergoing testing as of last Saturday," dMavo managing director Wojtek Czarnocki said.
"Was Apple just bluffing or do they really want to play the cat and mouse game? We're up for it."
Melbourne law firm Watermark's senior associate and patent specialist Mark Summerfield suggests, however, it would be relatively simple to extend Apple's injunction to individual online resellers because it already applies to device maker Samsung. The only thing Apple will have to do is to apply to the Australian Federal Court for further injunctions. But it would be difficult for Apple, because the company is based overseas.
During Q3 Android Tablets Increased Their Market Share
Bloomberg , citing research firm Strategy Analytics, that Android-based tablets increased their share in the tablet market during the third quarter.
Samsung Lawyer can't tell iPad and Galaxy Tab apart from 10Ft
Well this is really funny. U.S. District Judge Lucy Koh held up both the iPad and the Samsung Galaxy Tab and asked Samsung lawyers to identify which was which during a hearing to determine whether Apple will win a preliminary injunction against the Samsung device, Reuters.
After being asked to identify which tablet was which, Samsung attorney Kathleen Sullivan answered, "Not at this distance your honor." She stood at a podium roughly 10 feet away.
Apple wins injunction against Samsung Galaxy Tab 10.1 in Australia
The Federal Court in Australia has issued a preliminary ban on sales of Samsung's Galaxy Tab 10.1 tablet in the country. The Justice believed that Apple had presented sufficient evidence conforming violation two of its touchscreen- and multitouch-related patents by Samsung. Previously the Korean company had agreed to delay launch of their new tablet in Australia, waiting for the Court’s decision. Samsung even offered Apple a compromise deal that would allow the Galaxy Tab 10.1 to launch with minor concessions. But Apple was not accepted that offer.
In September Apple won the proceedings in Germany, where the Galaxy Tab 10.1’ sales were also preliminary banned. The legal battle between the companies has grown increasingly fierce since it began in April of this year, when Apple accused Samsung of copying the look and feel of the iPhone and iPad. Apple reported that they had tried to solve the problem not suing to the Court, but negotiations were not successful.
Apple Rejected Samsung’s Proposal To Settle The Case On Galaxy Tab 10.1 Out Of Court
Today in a Sydney court Apple rejected Samsung’s proposal to remove several Galaxy Tab 10.1 features in exchange for tablet release in Australia. Reportedly, Samsung agreed to remove the capability that recognizes and ignores accidental touches on the home screen. However, it appears that Apple wants to hear a final decision of the court on a temporary injunction of Galaxy Tab 10.1, which should be made this week.
Samsung Offered Apple Deal That Allows For Galaxy Tab Launch In Australia
As Wall Street Journal , Samsung has offered Apple a deal, which would allow Samsung to put its Galaxy Tab 10.1 on the Australian market. If the agreement will be accepted the Samsung tablet could be released in October. The terms of the agreement were not revealed to the court. But Stephen Burley, Apple's attorney, said that this agreement had some potential benefit for the company.
Apple Seeking To Block Sales Of Samsung’s Devices In Japan
According to , this morning Apple sued Samsung in Japan and requested the court to block sales of Samsung tablets and phones in the country:
"Apple has filed a suit with the Tokyo District Court seeking the suspension of sales of Galaxy S and its sequel S II smartphones and the Galaxy Tab 7 in Japan, according to sources close to the matter. The first hearing was held on Wednesday, the source said".
Apple Pulled Samsung Galaxy Tab 7.7 Out Of IFA Show In Germany
(before Galaxy Tab 7.7 was pulled)
Yesterday Apple has achieved one more legal victory over Samsung by banning Samsung from selling its tablets in Germany. Last week pan-European CES-like IFA show featured new consumer products from almost every manufacturer except Apple.
Apple goes to court in Netherlands to ban Samsung’s Galaxy devices from all of the EU
Apple has today asked a Dutch court to ban all Galaxy series devices, including Samsung's Galaxy S II, which has seen some success in Europe.
Apple’s complaint, seen by Webwereld, a Dutch IDG publication, seeks an injunction for the entire Galaxy series. This includes smartphones — the Galaxy Ace, Galaxy S and Galaxy SII — and tablets: the Galaxy Tab 7 and Galaxy Tab 10.1. Other Galaxy devices, like the Gio, Nexus, 551, Europa, Apollo and Mini are also involved, albeit only in a footnote in which Apple states, “It is expected that these devices are also covered by one or more of the patent rights invoked.”
The trial will take place in The Hague, Netherlands September 15th. If the judge grants any injunctions, they would take effect no sooner than October 13.
Apple Turns To Samsung For Manufacturing iPad 2 Display Panel
According to DigiTimes , Apple has turned to suppliers other than LG Display (specifically Chimei Innolux and Samsung) because of some issues with 9.7-inch panel produced by LGD for the iPad 2. Apparently LG Display has failed to meet Apple’s July orders for around 1 million units and also it hasn’t fulfilled requirements in impact tests, during which backlight units of iPads 2 failed. Reportedly Apple has suspended its orders for new displays with LG, which until now has been the largest manufacturer of display panels for iPad 2.