Apple has been aggressively seeking bans on Samsung devices in multiple countries for months and it appears they have finally gotten a win. An Australian court has decided that Samsung cannot sell or market its Galaxy Tab 10.1 in the country. Samsung is allowed to appeal the decision and it appears the judge has even recommended that Samsung agree to an expedited trial. Even with the expedited trial it is very likely the Galaxy Tab 10.1 won't be on shelves in Australia during the holiday season.
Apple is after Samsung for patent infringement in Australia (among other countries) accusing the company of "slavishly copying" the designs of both the iPad and the iPhone for their Galaxy Tabs and Galaxy S smartphones. As the case went on in Australian courts Samsung delayed the introduction of the Galaxy Tab 10.1 and offered Apple a settlement to put aside the injunction request until there could be a full trial. Apple obviously neglected that settlement offer and managed to come out on top.
Federal justice Annabelle Bennett said that Apple had made a prima facie case that Samsung had in fact infringed on Apple's patents. She said, "From April 15 when proceedings commenced in the US, Samsung proceeded with its eyes wide open." The full details of the injunction haven't been released.
The injunction will remain in effect until a full trial about the patent infringement has finished. Bennett is encouraging Samsung to agree to an expedited trial but Samsung feels they need time to ready their defense. Samsung also has a counter suit in place against Apple claiming infringement on their standards-essential 3G networking patents. They addressed that lawsuit in a statement following the injunction ruling.
"Our wireless standard patents are essential for mobile business. We will continue to legally assert our intellectual property rights against those who violate Samsung's patents and free ride on our technology."
The US hearing for Apple's preliminary injunction against Samsung will start on Tuesday morning (October 17).
Time will tell if these preliminary injunctions that Apple has been winning translate into wins in the full court cases. It seems Apple may just have a case against Samsung but we'll have to see if judges agree in full trials.
