Samsung Galaxy Tab ▪ November 30, 2011

A new twist in the Apple vs. Samsung legal proceedings spanning more than two dozen lawsuits across continents as the Federal Court in Australia lifted sales ban on Samsung’s Galaxy Tab tablet today. The court unanimously overturned a ruling last month from Justice Annabelle Bennett which required that Samsung’s Galaxy Tab 10.1 be banned from sale in Australia.

Sydney Morning Hearld quoted the ruling:

Samsung will be permitted to launch the Galaxy Tab 10.1 in Australia provided it keeps accounts of all transactions involving that device in Australia.

Samsung’s Australian subsidiary says it is “pleased with today’s unanimous decision”. Reacting to the decision, Apple plans on appealing to the High Court. The Federal Court also honored Apple’s request that its injunction remain in effect until Friday at 4pm, to allow the company time to prepare an appeal. A full hearing on copycat accusations is set for March 2012, which could still result in a permanent injunction.
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Samsung Galaxy Tab ▪ November 22, 2011

Samsung Galaxy Tab ▪ November 12, 2011

In Australia, as part of discovery, Samsung got access to Apple’s Qualcomm baseband source code for the iPhone 4S (lookout for battery issues while you are in there Sammy!).

Other matters appeared to be resolved, including Samsung’s access to the firmware used in the iPhone 4S’ baseband chip, supplied by Qualcomm.

A software expert had approximately two hours’ access to the firmware and would submit his findings by Sunday.

According to FOSSPatents, Samsung’s lawsuits against Apple in Germany are really heating up after a Mannheim hearing set a schedule for January 20 and 27 of 2012. It looks like Apple has a tough case, as the hearing leaned towards Samsung’s claims.

The two patents asserted in today’s litigations are

  • EP1005726 on a “turbo encoding/decoding device and method for processing frame data according to QoS”, and
  • EP1114528 on an “apparatus and method for controlling a demultiplexer and a multiplexer used for rate matching in a mobile communication system”.

Samsung’s third German complaint against Apple, which wasn’t at issue today, relates to EP1188269 on an “apparatus for encoding a transformat format combination indicator for a communication system”.

Below is a full rundown of the issues discussed at today’s hearing..

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Samsung Galaxy Tab ▪ October 12, 2011

Samsung Galaxy Tab ▪ September 30, 2011

According to the Wall Street Journal, Samsung has offered Apple a secret deal to sort out the mess surrounding the Galaxy Tab 10.1 tablet launch in Australia. The report has it that Samsung proposed a cunning solution that would allow them to release the device in the country next week. Apple’s legal counsel Stephen Burley allegedly told Justice Annabelle Bennett that Samsung’s “inconvenience would be diminished and we would be comforted” if the deal was accepted.

What incentive Samsung might have in store for Apple in exchange for releasing its tablet in Australia as early as next week is anyone’s guess. I asked patent expert Florian Mueller, who runs the FOSSPatents blog, about this. He responded on Twitter that Samsung “might promise not to infringe certain patents, make a payment, and perhaps also procedural concessions”.

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Samsung Galaxy Tab ▪ September 29, 2011

Apple has made its concerns official. The iPhone maker fears Samsung tablet will lure consumers away from the powerful iTunes ecosystem. Apple’s been successfully leveraging iTunes to tie people to the platform through app and entertainment content sales.

The heated Apple vs. Samsung legal battle over who’s copying who is really about the ecosystem rather than the hardware or the patents. That’s the gist of today’s hearing before the Federal Court in Sydney related to an Apple-requested ban on sales of Samsung’s Galaxy Tab 10.1 tablet in Australia. According to, lawyers for Apple argued that the launch of the Galaxy Tab 10.1 could take away iPad 2 sales so quickly that buyers may be “seduced” from the iOS platform.

It’s all about the apps and the broader ecosystem, Apple’s legal team told Justice Annabelle Bennett, arguing the Galaxy Tab 10.1 “is vastly the one that is going to be targeting the iPad 2”. IDC numbers released today suggest that that tablet shipments to Australia and New Zealand doubled sequentially in the June quarter, which the research firm attributed to an influx of Android tablets recently released into those markets.

Apple’s lawyers then resorted to the “fire hose” metaphor to make their case:

This is going to be launched on the market with the velocity of a fire hose and it is going to just come in and take away iPad 2 sales so quickly that by the time we get to final hearing the full impact of the patent infringement will be to the detriment of Apple and to the benefit of Samsung.

And this bit about the battle of ecosystems:

They’ll then be Android people and the investment in the apps that they make to purchase on their Galaxy Tab will be something they can’t use on an Apple product.

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