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Samsung says banning of the Galaxy Tab 10.1 in Australia was over the top, appeal judges seem to agree

Posted: , by Daniel P.

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Samsung says banning of the Galaxy Tab 10.1 in Australia was over the top, appeal judges seem to agree
The Appellate Court in Australia where Samsung's lawyers complained about unjust banning of its Galaxy Tab 10.1 slate seems somewhat sympathetic with the Koreans.

The injunction was issued by Justice Bennett October 12, and is valid until the patent infringement lawsuit is settled, which may be as late as next year. Samsung's lawyer Neil Young is now appealing that she did not really consider how badly the holiday sales miss will affect the market performance of the Galaxy Tab 10.1.

Apple argued that an irreparable damage would be inflicted on its iPad 2 if Samsung's tablet hadn't been banned, which the appeal judges considered an over the top statement: "We’re talking about a period of three months and all of Apple will come tumbling down? That’s very speculative,” said Judge Dowsett. Another judge also sided with Samsung's story: “The result looks terribly fair to Apple and not terribly fair to Samsung,” commented Federal Court Justice Lindsay Foster during today's hearing to lift the ban.

The court hopes to have a ruling whether Justice Annabelle Bennett issued the injunction against the Samsung Galaxy Tab 10.1 prematurely as early as next week, so there is still chance that the Koreans can salvage the holiday sales of the tablet if the stars are aligned in their favor. Not that some retailers aren't defying the ban anyway, but having the license to sell in writing is preferable.

source: Bloomberg

24 Comments
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posted on 25 Nov 2011, 09:35 9

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


wooot.... sammy almost there... goooow...

posted on 26 Nov 2011, 08:08 2

20. cheetah2k (Posts: 845; Member since: 16 Jan 2011)


Its just a shame that now Samsung have incurred lost revenue due to the Apple circus

posted on 25 Nov 2011, 09:43 2

2. Tre-Nitty (Posts: 460; Member since: 16 Nov 2010)


And you care because?

posted on 25 Nov 2011, 09:58 10

3. Drafty (Posts: 11; Member since: 03 Jun 2010)


So Samsung can make money, and use that money for the next amazing product!

posted on 25 Nov 2011, 10:13 6

4. OSFantasma (Posts: 119; Member since: 27 Sep 2011)


Im truly happy for samsung on this.. and also love the fact that they listen to there customers.. btw just got my galaxy s2 and love it.. speed demon i tell you
really can't wait for cyanogen 9..

posted on 25 Nov 2011, 10:14 3

5. networkdood (Posts: 6282; Member since: 31 Mar 2010)


If it were up to APPLE, SAMSUNG would be banned from selling any products in any country.

posted on 25 Nov 2011, 10:18 5

6. HTCiscool (Posts: 449; Member since: 16 Jul 2011)


Other than the screen aspect ratio here is really not a huge difference between this and the iPad to the average consumer. Unlike several other Android tablets there's nothing that diffrrentiates it from the iPad.

When I look at it I think:

"Buy me or else you are a stupid iDefender and don't know any better"

Eee pad:

"Buy me because I have a keyboard and u r a stupid iFollower.

Playbook:

"I'm not an iPad, for starters I'm half the size, have no apps and u is an iDefender

Xoom

"Buy me to say you have a tablet that's not an iPad"

posted on 25 Nov 2011, 11:02 5

7. MorePhonesThanNeeded (Posts: 635; Member since: 23 Oct 2011)


Dude seriously? Shut it up it\'s a bloody touchscreen with OS...sheesh some people want options...who the hell doesn\'t?

posted on 25 Nov 2011, 12:42 2

8. chadrick0814 (Posts: 208; Member since: 23 Nov 2011)


xoom- buy me because I have 32gb sd card expansion and hdmi mirroring.

posted on 25 Nov 2011, 20:08 1

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


no one bought the Xoom. I guess you were the only idiot?

posted on 25 Nov 2011, 20:32 1

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


Good try taco.

posted on 26 Nov 2011, 02:59 2

18. jacko (unregistered)


i got the xoom and i love it

oh and btw i dont have to pay $50 for a hdmi plug like apple want to have people pay

android gives u what U want
apple gives u shit and wants u to pay to get more shit for shit

posted on 26 Nov 2011, 12:25 2

22. chadrick0814 (Posts: 208; Member since: 23 Nov 2011)


I guess xoom sales were higher than you thought. Maybe you're the only idiot without hdmi, sd card expansion or any type of 4g connectivity. I would think that only an idiot would go without all of these features for a brand that gives you nothing.

posted on 25 Nov 2011, 13:00 4

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


The only way for apple to beat competition is to ban competitors

posted on 25 Nov 2011, 13:42 1

10. itsius1 (Posts: 49; Member since: 19 Oct 2011)


yup, and that leads to inovation halt...

posted on 25 Nov 2011, 20:08 1

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


actually banning copycats LEADS to innovation

posted on 25 Nov 2011, 20:33 3

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


If you say so taco.

Just like how the iPhone 4S is running at 1ghz, right?

posted on 25 Nov 2011, 23:06 3

15. remixfa (Posts: 13972; Member since: 19 Dec 2008)


lol, i almost forgot about that conversation. Im sure taco still believes that the i4s is 1ghz and not 800mhz... lol.

posted on 26 Nov 2011, 03:04 2

19. jacko (unregistered)


apple copys so they better pull all there devices off the market then

posted on 25 Nov 2011, 23:07 1

16. remixfa (Posts: 13972; Member since: 19 Dec 2008)


glad to see they are wrangling in those kangaroo courts a bit.

posted on 26 Nov 2011, 01:37 2

17. ph00ny (Posts: 606; Member since: 26 May 2011)


what about the fact that judge bennett is related to a partner at the firm representing apple?

edit: lol i looked into it further. It looks like judge bennett's husband is the senior member of the law firm and the judge herself used to work in the same law firm.

posted on 26 Nov 2011, 08:13 1

21. cheetah2k (Posts: 845; Member since: 16 Jan 2011)


So technically this is collusion....

I wonder if anyone has checked Judge Bennett's husband's bank account balance recently........ Any large deposits??

posted on 26 Nov 2011, 15:18

23. Forsaken77 (Posts: 548; Member since: 09 Jun 2011)


Change of venue is needed then (my limited legal speak I learned from movies ;)) . This is a complete conflict of interest if ever there was one. How could they allow this judge to remain presiding over this case? Especially with billions of dollars at stake. I'm sure Samsung is aware of this and I wonder why they haven't challenged it.

posted on 26 Nov 2011, 17:19 1

24. jacko (unregistered)


samsung sue for damages and loss of sales

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