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Samsung agrees to pause its Galaxy Tab 10.1 launch in Australia, until the lawsuit with Apple is resolved

Posted: , by Daniel P.

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Samsung agrees to pause its Galaxy Tab 10.1 launch in Australia, until the lawsuit with Apple is resolved
Samsung and Apple have agreed in court room breaks to pause with the plans for sales and marketing of the new Galaxy Tab 10.1 tablet in Australia, because of Apple's patent infringement lawsuit against it, which is pending in Down Under.

The South Koreans will stop advertising the slate, and it won't be sold in Australia until it wins the court's approval to do so, or the patent litigation is resolved.

If the Australian court verdict is in favor of Samsung, Apple is obliged to pay damages to Samsung for the delay of the Samsung Tab 10.1 launch. Samsung's lawyer said the initial claim was regarding the US version of the tablet, which differs from the Australian one, but Apple's lawyer comment was that the injunction against Samsung in Down Under has been necessary since Samsung has had the “announcements of an imminent launch of the Galaxy Tab 10.1 device ongoing since July 20”.

Judge Bennett from the Federal Court in Sydney is expected to review Apple's claims for infringing on 10 of its patents on August 29th, and, if necessary, give a date for the trial then. This might not bode well for the US patent infringement case, as now we have the Australian precedent of freezing Samsung gadget sales pending a court's decision.

source: Bloomberg

16 Comments
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posted on 01 Aug 2011, 08:33

1. SteveJobsIsASillyOldFox (unregistered)


lololol serve apple right, they will definitely compensate Samsung

posted on 01 Aug 2011, 13:01

13. HitdatNigga (Posts: 3; Member since: 01 Aug 2011)


They gonna have to pay samsung at least 100 million if apple loses. o well they have 76 billion

posted on 01 Aug 2011, 09:44

2. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Very interesting

posted on 01 Aug 2011, 10:57

8. remixfa (Posts: 13903; Member since: 19 Dec 2008)


1) international court decisions have no bearing on US court rulings and are not allowed to be used as precident. Their laws are not ours and vice versa.

2) Its a brilliant move on samsungs part. In the likely scenario that Samsung is allowed to sell the tab in australia, Apple will have to pay them the "damages" for losing a month or so's worth of sales.. so its FREE MONEY to Samsung. Whats better than selling stuff and making money? Being given a big fat check without having to sell anything.

In the off chance that Samsung is banned from selling it in australia (which is unlikely), they will not have incurred the shipping charges and other charges for getting the device to australia and then removing it.. again, saving them money.

3) Its also a brilliant PR move in the making. If and when Samsung resumes sales there will be a pent up demand because of the launch delay. Also since people love underdogs and hate bullies, they may get extra sales from people being mad at apple and not buying an ipad instead. I can name a few people that are getting turned off to Apple because of all their crazy litigation.

Again, pure speculation, but it seems pretty plausable.

posted on 01 Aug 2011, 11:44

10. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


Brilliant move?! I don't see any company agreeing not to sell their product out of a position of power. This seems like a huge concession by Samsung. They would only do this if there was a legitimate chance of losing the case.

Also you directly contradict the article where they say this would have an impact on the US case as well. According to you it doesn't.

hmm

posted on 01 Aug 2011, 09:53

3. dandirk (unregistered)


Sounds like the Aussies will being seeing the same 10 patents the ITC did... ITC threw out 8... and will be making a final judgement on the final 2 soon.

Don't know much about patent law, especially in Australia's.

Not sure if this will effect the US rulings, different laws and such.

Both companies seen really confident, and putting a ton on the line.

posted on 01 Aug 2011, 10:08

4. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


It looks to me like this is a win for Apple since Samsung has agreed not to sell their tablet there for now.

posted on 01 Aug 2011, 10:15

5. android/ios (unregistered)


Did you forget to read that if apple fail then they have to pay damages to samsung for holding back the sales of the tab....so its not exactly apple winning.

posted on 01 Aug 2011, 10:37

6. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


I did read that, but for Apple to ask for that I'm thinking they're pretty confident of a win.

posted on 01 Aug 2011, 11:00 2

9. remixfa (Posts: 13903; Member since: 19 Dec 2008)


steve jobs could be mugged and beaten, but as long as the robbers had an iphone, u would say thats a win for apple.. oi.

This is samsung's play, not apples.. and its a brilliant one.

posted on 01 Aug 2011, 11:45

11. taco50 (banned) (Posts: 5506; Member since: 08 Oct 2009)


You're blinded by fanaticism so I'd expect you to call this a win for Samsung despite them not being able to sell a product in an entire country.

posted on 01 Aug 2011, 17:08

15. android/ios (unregistered)


i guess you can say that but you can also say that samsung agreed to it also because they are too confident of a win...i guess will find out whenever...it seems like suing is the way to go

posted on 01 Aug 2011, 10:39

7. dandirk (unregistered)


I never said who won or lost... not sure why you commented on my comment. Just the stakes are heating up more for both parties. Though I agree more so for Samsung.

Money is not really an issue for Apple... since they hold a TON of cash...

I think its more of an image thing, I could be wrong. If Samsung wins they want to look like the "proper and nice" company. Maybe to help influence the ITC????

Who knows why. Maybe they are hedging their bets... Maybe the Aussies would require Sammy to recall if they loose... that would really make them look bad.

posted on 01 Aug 2011, 12:07

12. LuisE24 (Posts: 11; Member since: 03 Aug 2010)


Samsung,get the hell outta here! and Apple, you too!

posted on 01 Aug 2011, 14:10

14. jroc74 (Posts: 4720; Member since: 30 Dec 2010)


Very interesting...

Oh well....may the best lawyers win!!!

posted on 01 Aug 2011, 17:23 1

16. Muahua (unregistered)


I come from Australia and all I can say is, GOD DAMMIT!

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