Apple blocks Samsung Galaxy 10.1 in Aus

Apple blocks Samsung Galaxy 10.1 in Aus

Summary: Samsung's Galaxy 10.1 tablet has been put on hold indefinitely in Australia after an intellectual property and trade practises hearing in Sydney yesterday.

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Samsung's Galaxy 10.1 tablet has been put on hold indefinitely in Australia after an intellectual property and trade practises hearing in Sydney yesterday.

Samsung Galaxy 10.1

Samsung Galaxy 10.1
(Credit: Samsung)

On Monday last week, Apple Australia got hold of the US version of the Galaxy Tab 10.1 and, after three days of studying the US device, filed a lawsuit, with 1200 pages of documents handed to Samsung's Australian lawyers by Friday. Apple brought the case against Samsung with such speed in an attempt to block the Galaxy Tab 10.1 from release in the Australian market, citing a major concern over the imminent release of the device, which is scheduled to come here in the coming months.

Included in the patents, the tablet allegedly infringes are Apple's "slide to unlock" feature to gain access to the device, as well as the pinch-to-zoom and edge-bounce features when viewing images and reading documents.

In a court case that went on into the night, Apple's legal counsel Christian Dimitriadis said that the gadget maker sought an injunction to block the upcoming release of the device in the local market until the patent suit had been resolved.

Samsung's legal counsel Neil Murray proposed that Apple base any case from an Australian version of the Galaxy 10.1, rather than the US version Apple had already seen and based its case upon. Samsung sent a letter to Apple yesterday suggesting that it would give Apple three days to study the unit before its release to market.

After over an hour of negotiating, the two parties agreed on a course of action that would see Samsung provide Apple Australia with three Samsung Galaxy Tab 10.1 units seven days before the intended local release date for a detailed and highly confidential study. Until then, the court has ordered that Samsung freeze its plans for the product.

Documents filed in court state that Samsung would be unable to promote the device, take pre-orders, ship to sales channels or even generate interest in the new Galaxy Tab until the case has been resolved.

Justice Annabelle Claire Bennett suggested that the case could result in quite hefty penalties for Samsung if it was in fact deemed that the Galaxy Tab 10.1 had infringed on Apple's patents.

Apple took aim at Samsung in April in the US, claiming that the Korean-based hardware giant had infringed upon several of its patents relating to the iPad and iPhone products.

Since then, Samsung has countersued the Cupertino, California-based company asking to see the iPad 3 and iPhone 5 so as not to infringe in future. Apple dismissed the claims as harassment in the US.

The court will pick up the case again on 29 August.

Topics: Apple, Legal, Mobility, Samsung

Luke Hopewell

About Luke Hopewell

A fresh recruit onto the tech journalism battlefield, Luke Hopewell is eager to see some action. After a tour of duty in the belly of the Telstra beast, he is keen to report big stories on the enterprise beat. Drawing on past experience in radio, print and magazine, he plans to ask all the tough questions you want answered.

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26 comments
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  • That's lame Apple - what a pathetic attempt at holding onto market share by blocking other great products from being released.
    Patented "pinch to zoom"?? Maybe microsoft should sue Apple for infringing on it's "menu button" 'patent' - apple didn't invent having a "menu button". How rediculous
    MichaelMelb
    • Apple was the first to introduce pinch to zoom, that's what are patten for, to protect your inventions. Apple invented the pinch to zoom as it was not seen before on any electronic product.
      jcm1245
    • May not have invented it but they sure as hell patented it first. If you wanna protect your investments, do it properly.
      omgitzrick
  • Apple look worse and worse, every day, with their lame bullying of their competitors. First they tried to sue Samsdung for having a large flat screen on their phones, then they go after HTC, now this. I'll never buy another Apple product for as long as I live, and I has them all. But Jobs has become evil. All this suing from a company who stole everything after a breakaway to begin with, this company started as a copy, and now look at it throwing its weight around to sell its closed platform mentality to morons all over the world.
    Stereophonic2011
  • The glory days of Apple are officially over for anyone who isn't a mindless yuppie. This behaviour of theirs is no surprise. They're bullies. We all know that. Good luck to them and their brainwashed fanboys.
    Daz-03568
  • I know I'm loving my new Samsung Galaxy S 2 phone.... and so grateful not to be using Apple's product any longer.
    andrewprice
    • Agreed - love the galaxy II after moving from iPhone 4. Once apple loses this nonsense I will be replacing my ipad with one of these...
      leonj916
  • how i wish technology companies would just let the best product win! this is now so ridiculous!! Everyone borrowed from someone at sometime or the other. Blatant ripping off is one thing, but competitive emulation is usually steered by the direction of collective innovation and demand of the people! for pete's sake how can apple of all companies be suing on patent infringement!!! they are allegedly pioneers of patent infringement!!!

    this is the reason we no longer innovate on a global scale in leaps and bounds. just tiny steps forward which we have come too accept as 'huge' events. where is our next 'lightbulb' invention coming from? i'll tell you where - its not coming! it will need to climb a mountain of 2 million infringements before it even sees light of day!

    imagine if the first caveman patented his club. there'd probably still be a bunch of neanderthals wandering around living primitively with one fat bellied 'family' aka company living off the fat of the land!

    that's a thought isn't it.
    learnit-01f2d
  • So glad I dumped my iPhone, apples actually getting left behind by the Android based gear and it's litigation just goes to show they've run out of ideas outside of a courtroom...
    Tinman_au
  • We all used to hate IBM, loathsome, slow, low tech, not able to stand up to new technology. Now its Apple's turn. This case will hold up to the light all those STUPID and UNWORTHY patents that should never have been granted in the US in the first place. Its like claiming a patent on a door or the wheel and then Ford taking action against Toyota. There comes a time when popular technical culture becomes part of the genre. Button go grey - not a patent, images resize - not a patent, use your finger - not a patent. Apple is starting to look just plain silly, clinging onto the "Old" technology, and it's loosing the 18-25 yo mindshare to Android. They should get clever again rather than getting a layer.
    ptrrssll@...
  • I tend to agree that Apple is ruthlessly pursuing patent-trolling like a rather pathetic bunch of thugs. Personally, I think the software world needs a redefinition of a patent. I think that if an idea can be independently reproduced by another programmer, it shouldn't be subject to patent trolling (provided no proprietary code was stolen.)

    I mean, come on guys, it's trivial to implement a "slide to unlock" feature if you have a touchscreen and the android API. Does this mean Apple should have a monopoly on this incredibly basic idea?

    I grant it's cool that Apple started the touchscreen phone revolution. But much like the great city of Sarnath in Lovecraftian lore, their civilization is on its way to DOOM. (though not for killing strange rubbery creatures who worship a lizard god).
    Xanthanov
  • Well done Apple, If you can't innovate litigate... Did anyone else just have Déjà vu? This is so hypocritical of Apple who stole Xerox's GUI then sued HP & Microsoft for stealing the GUI idea.

    Steve Jobs has bragged about stealing: https://www.youtube.com/watch?v=CW0DUg63lqU&feature=related

    This is just one of the many reasons to hate apple. I'll never ever buy an Apple product, nor will I ever even use an Apple product on principle.

    The patent system really needs reforming badly, some patents shouldn't even be granted because they are so broad and generic.

    Everyone needs to boycott Apple ASAP! This is not a knee jerk reaction, a one off, this is a cold calculated move by Apple to try to stifle competition. This is a platform war more than it is a device war, Apple know that the Android platform is superior tho their iOS platform which is why Android devices are outselling Apple contraptions.

    Android is growing faster than Apple ever did and ever will, Daz is right Apples glory days are well and truly gone.
    Jingles-8366c
    • > Everyone needs to boycott Apple ASAP! This is not a knee jerk reaction, a one off, this is a cold calculated move by Apple to try to stifle competition. This is a platform war more than it is a device war, Apple know that the Android platform is superior tho their iOS platform which is why Android devices are outselling Apple contraptions.

      What we need is the dismantling of the entire software patent industry, especially litigation by non-practising entities (which, thankfully, in this case Apple is not) and low quality patents on generic things like data structures and UX elements.

      Quite frankly, this behaviour is anti-competitive and down right unethical, but I can't say I didn't expect this from the same company which just sued HTC last year for almost the exact same thing (https://secure.wikimedia.org/wikipedia/en/wiki/Apple_Inc._litigation#Apple_v._HTC).
      qexample
  • Apple are righteous pompous prickensteins
    sads-340a6
  • I think they are sore after getting bent over by Nokia.
    Apple: "You stole your slide to unlock"
    Nokia: "You took our patented hardware technologies including internal modems, antennas and protocals which cost millions in R&D. Every one else pays for them yet you haven't."
    Apple: "Oh uhhh... here's some money... make it go away"
    IzzehO
  • Didn't Apple steal the pinch motion and swiping photos from Minority Report? (Who probably got it from somewhere else anyway). And Microsoft had that table top operating system that did all the iPad/Pod stuff a few years ago.
    Photoman15
  • How can I know if I can **** I am worried because Steve Job is older than me and he might have patented it.
    syampillai
  • Apple are quite simply technology nazi's and i laugh with pride that I own a nokia n900 with a slide to unlock function that Nokia didn't have to pay a cent in licensing for! Apple is now being seen as the real company that it is, selfish and inbred and childish and just for the record I own an Ipad (bought second-hand) and it is really not that good a device. It's overly sensitive to the slightest touch, it has no arrow keys on the keypad to navigate the cursor around a screen when composing documents and safari is SLOW and crashes almost every day while i'm surfing the web.
    Tempestlight
  • I detest Apple - this behaviour is disgusting, Samsung is selling a product (or trying to) to Australians. How dare Apple presume it can interfere in that process. I, for one, WILL NEVER BUY ANOTHER APPLE PRODUCT - is that your intention, Apple? A is for Apple but it is also for arseholes, or **** if one uses Apple's spelling.
    ngukurr2
  • Why is is OK for Microsoft to sue everyone into oblivion, but it is apparently not OK for Apple to protect its intellectual property? All those people frothing at the mouth here should run a mile from Microsoft too, unless they are total hypocrites.
    rahbm