Wednesday, October 12, 2011

Samsung Dealt Yet Another Blow In Patent Fight With Apple

An Australian court has handed Apple yet another victory against Samsung as it imposed a temporary ban on the sale of Samsung Electronics’ Galaxy Tab in the Australian market.

Justice Annabelle Bennett said Apple had a prima facie case that Samsung had infringed two of its patents relating to touch screens and the gestures that control them. Apple is suing Samsung for patent infringement, arguing the firm "slavishly" copied their iPad tablet.

The Australian Court’s ban on sales of the Galaxy 10.1 tablet applies until the court rules on the core patent issue in dispute. Justice Bennett told the parties she would give them the opportunity for an early hearing next month, the result of which would not prejudice the outcome of the full hearing when it came to trial. If no further ruling is made and the injunction is upheld it could take months before a full trial is set which means Samsung may miss the Christmas gift-giving season in Australia.

Samsung naturally said it was disappointed with the judgement.

We are disappointed with this ruling and Samsung will be seeking legal advice on its options. Samsung will continue its legal proceeding against Apple's claim in order to ensure our innovative products remain available to consumers.

This is a part of our ongoing legal proceeding against Apple's claim. Samsung is also confident it can prove Apple's violation of Samsung's wireless technology patents through a cross claim filed on 16 September 16 with the Federal Court of Australia, New South Wales.

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 Australian ruling follows Apple’s successfully legal move to block Samsung from selling its tablets in Germany and some smartphone models in the Netherlands. It comes ahead of important hearings in the United States and South Korea.

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