Samsung says banning of the Galaxy Tab 10.1 in Australia was over the top, appeal judges seem to agree
posted by Daniel P. / Nov 25, 2011, 9:25 AM
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.
Posts: 304; Member since: Nov 09, 2011
wooot.... sammy almost there... goooow...
posted on Nov 25, 2011, 9:35 AM 9
Posts: 449; Member since: Jul 16, 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 Nov 25, 2011, 10:18 AM 5
Posts: 645; Member since: Oct 23, 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 Nov 25, 2011, 11:02 AM 5
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 Nov 26, 2011, 12:25 PM 2
Posts: 617; Member since: Sep 04, 2011
The only way for apple to beat competition is to ban competitors
posted on Nov 25, 2011, 1:00 PM 4
Posts: 49; Member since: Oct 19, 2011
yup, and that leads to inovation halt...
posted on Nov 25, 2011, 1:42 PM 1
Posts: 2031; Member since: May 26, 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 Nov 26, 2011, 1:37 AM 2
Posts: 2256; Member since: Jan 16, 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 Nov 26, 2011, 8:13 AM 1
Posts: 553; Member since: Jun 09, 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 Nov 26, 2011, 3:18 PM 0
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