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Samsung granted a peep at Apple's contracts with Australian carriers, retailers defy the Galaxy Tab injunction

Posted: , by Daniel P.

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Samsung granted a peep at Apple's contracts with Australian carriers, retailers defy the Galaxy Tab injunction
Australia Federal Court Justice Annabelle Bennett ordered Apple to comply with Samsung's request to see the iPhone 4S contracts with Australian carriers, after ordering it to supply the phone's firmware code, in order for Samsung to determine better if its 3G patents have been violated. 

The fruit company's lawyer Andrew Fox commented: "“We will resist any attempts by our friends to push us into a corner on the subsidies. This is quite clearly a fishing expedition”.

Apple has already given 220 pages related to the firmware code of the iPhone 4S to Samsung, but the Koreans claim that a key file is missing there. Justice Bennett deferred her decision about whether Apple should supply the missing file too, until November 11, when she will rule if the two companies don't figure it out among themselves. 

Retailer dMavo's managing director Wojtek Czarnocki is determined to ignore Apple's ban against selling the Samsung Galaxy Tab in Australia

Retailer dMavo's managing director Wojtek Czarnocki is determined to ignore Apple's ban against selling the Samsung Galaxy Tab in Australia

This comes as a key victory for Samsung Down Under, as its Galaxy Tab Android slate is still under injunction and sales ban in Australia until the November 25 hearing. 

Some local retailers, like Kogan, stopped the marketing and sales of Samsung's most important tablet for the holiday season, after being threatened by Apple with a lawsuit

Others, however, like the dMavo online shop, are defying the ban, and have even gone to great lengths in restructuring the ordering process so as to circumvent the letter of the injunction. It has servers set up just for ordering the tablet from an entity in Europe, and delivering them from distributors in Asia. 

The online retailer's managing director, Wojtek Czarnocki, seems quite determined to ignore Apple's injunction against the Samsung Galaxy Tab in Australia:

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. Was Apple just bluffing or do they really want to play the cat and mouse game? We're up for it...

To be honest with you, we've stopped counting [the Galaxy Tab orders]... our servers were almost collapsing on a number of occasions...

Now that the appeal to the full bench is listed for November 25, Apple would have to convince the court that a hearing against us is needed before that date. We'd be amazed, though not unprepared, should that occur.


Australian lawyers are warning that this is a pretty risky legal strategy, especially with the public stance dMavo is taking, since it still results in importing and selling a product under injunction in Australia, and the courts are unlikely to look favorably on that disregard of their authority.

source: Bloomberg and SMH

12 Comments
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posted on 09 Nov 2011, 07:40 10

1. rendHELL (Posts: 304; Member since: 09 Nov 2011)


gooo.... samsung!!!!

posted on 09 Nov 2011, 07:53 7

2. ZEUS.the.thunder.god (unregistered)


woooooo... thats a public slap on crapple`s face... go sammy go.. !!!!!

posted on 09 Nov 2011, 08:00 4

3. s.mrabet (Posts: 117; Member since: 26 Oct 2011)


Looks like Apple keeps getting slapped ( iphone 4s battery issue, noise issue, ...)

posted on 09 Nov 2011, 08:13 4

4. rendHELL (Posts: 304; Member since: 09 Nov 2011)


byt the way whos the managing director on the picture?? the lady on the left or the guy on the right??? XD

posted on 09 Nov 2011, 08:14 2

5. iamcc (Posts: 1319; Member since: 07 Oct 2011)


I said it before and I'll say it again...

Suck it bitches.

posted on 09 Nov 2011, 09:14 5

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


go samsung!! :)

So.. why would Apple slyly try to not give samsung some specific code that they were ordered? because they are GUILTY and trying to hide it. get em!

posted on 09 Nov 2011, 10:39 4

9. rendHELL (Posts: 304; Member since: 09 Nov 2011)


go samsung and eat that damn Apple.... oh wait dont bother to eat them... that Apples is rotten... XD

posted on 09 Nov 2011, 09:15 4

7. ivanko34 (Posts: 617; Member since: 04 Sep 2011)


sick bored of apple

posted on 09 Nov 2011, 10:11 3

8. cncrim (Posts: 501; Member since: 15 Aug 2011)


That's what happen when someone push to the corner. Table has turn left and right Motorola Samsung soon Apple will get one from Htc. I really want to see Apple product ban on continent so she will sit down and talk to stop this patents way.

posted on 09 Nov 2011, 11:52

10. gallitoking (Posts: 4684; Member since: 17 May 2011)


victory..??? products are stil ban...

"as its Galaxy Tab Android slate is still under injunction and sales ban in Australia until the November 25 hearing."

posted on 09 Nov 2011, 16:33 2

11. downphoenix (Posts: 2317; Member since: 19 Jun 2010)


Its an unjust ban though. And if your idevices were so great, why is apple trying to get rid of the competitors?

To Apple: umad?

posted on 09 Nov 2011, 18:15

12. ardent1 (Posts: 1997; Member since: 16 Apr 2011)


Hubris is a horrible human trait.

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