Samsung and Apple have been throwing infringement claims on each other, but Apple always had the upper hand. Yet again, Apple has a case won against Samsung. The long-awaited decision between the two tech giants in Australia, regarding the injunction that restrains Korean electronics major Samsung from selling its Galaxy Tab 10.1 tablet device in Australia, has been won by Apple.
The case has its history, since Galaxy Tab 10.1 gained popularity. But local media reports that Apple was expected to sue Samsung sooner or later on the grounds of “slavishly” copying its iPad tablet. But this was not the only thought Apple has in mind to sue Samsung. Apple had claimed that the Korean tech giant had infringed upon two of its patents, which relate to the gestures that control the touch screen and the touch screen on the whole. This was finally agreed upon by Justice Annabelle Bennett today in a federal court.
Justice Bennett even said, “From April 15, when proceedings commenced in the US, Samsung proceeded with its eyes wide open. The balance of convenience was almost even… There were several factors that favored Apple.” She was even satisfied with the result as she said, “I am satisfied that it is appropriate to grant an interim injunction.”
Apple’s intention to get Samsung Galaxy Tab 10.1 out of the market, revealed that the tech giant considers Samsung as a threat. Samsung was even considered about it missing out on the Christmas season, which it noted that would make its tablet ‘dead’ by the time it reached market. Whatever may be the case, but Bennett notes that it would be unfair for Apple if Samsung is allowed to sell Galaxy Tab 10.1.
The injunction has posed a dilemma for Samsung as a full hearing for the same is expected to occur not before next year. Even though Bennett confirmed that next month, she would give the said parties an opportunity for an early hearing, but it would not prejudice the outcome of the full hearing when it came to trial. Samsung, was expected disappointed with the ruling and said it would seek legal advice on its options.
Samsung is however confident that it would continue its legal proceeding against Apple’s claim, which would be to ensure their “innovative products remain available to consumers”. It further said, “This is a part of our ongoing legal proceeding against Apple’s claim.” The Korean company is confident that it can rightly prove that Apple has even violated Samsung’s intellectual property, which is its wireless technology patents. For the same, Samsung has already filed a cross-claim on September 16, 2011, with the Federal Court of Australia, New South Wales. It concluded noting, “We will continue to legally assert our intellectual property rights against those who violate Samsung’s patents and take a free ride on our technology.”
These two companies seem to be fighting against each other all over the world. In the U.S. even they have piles up claims against each other over smartphones and tablet computers. Here, both sides have filed infringement claims against the other in an escalating feud. However, the legal action is even going on South Korea.
Lawyers from both sides were not available for comment.