by Anton Shilov
10/13/2011 | 10:05 PM
The end-users in Australia may never be able to purchase Samsung Electronics Galaxy Tab 10.1" media tablet as the court temporarily banned the device from selling in the country. The only option left for Samsung in order to release the slate on the market before Christmas is to request a so-called expedited hearing, otherwise it will take a long time before the court issues a final decision and may be useless for the current generation of devices.
"I am satisfied that it is appropriate to grant an interim injunction, however I propose again the opportunity of an early final hearing on the issues presented in this application," judge Annabelle Bennett told the court, reports Reuters news-agency.
Earlier the court in Australia asked Samsung to stop selling its Galaxy Tab 10.1" (the 10.1V version) in the country before an early decision is made. On Thursday the court issued an injunction that temporarily prohibits Samsung to sell its media tablet in Australia. The problem is that it will take some time before the judge makes a final ruling and Samsung risks missing the season of pre-Christmas sales. But the company does not want to opt for the so-called expedited final ruling on the patent dispute.
"It will take a long time to gather the expert evidence on how Samsung is or isn't in breach of Apple's patents, so without some sort of expedition, they are looking at a substantial time out of the market," said Nathan Mattock, a telecoms intellectual property lawyer at Marque Lawyers in Sydney.
The sales ban of Samsung Galaxy Tab 10.1V will help Apple to ensure that its iPad-series slates will remain the most popular tablets in the country and will lack any competition. Samsung and Apple are in the middle of the legal war worldwide as both companies accuse each other of patent infringement. So far Apple has managed to win preliminary injunctions after accusing Samsung's 10.1" tablets of "copying" its iPad slates.
"We are disappointed with this ruling and Samsung will take all necessary measures including legal action in order to ensure our innovative products are 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 September 16, 2011 with the Federal Court of Australia, New South Wales," a statement by Samsung reads.
Samsung claims that its wireless standard patents are essential for mobile business and it will continue to legally assert its intellectual property rights against "those who violate Samsung’s patents and free ride" on its technology.