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Australian court extends Galaxy Tab ban; Unlikely to reach Christmas markets

By | December 2, 2011, 4:11am PST

Summary: No let-up for Samsung, as its hopes of getting its Galaxy Tab 10.1 tablet out for Christmas in the Australian market is dashed by Apple’s appeal.

An Australian court on Friday extended a sales injunction of Samsung’s Galaxy Tablet 10.1, further delaying the Korean firm’s bid to sell the tablet in the run up to the Christmas holiday.

Samsung and Apple continue to lock horns over patents, which has now spread to over 10 jurisdictions.

Earlier this week, an appeals court unanimously overturned a sales ban that prevented Samsung from marketing or selling the Galaxy Tab 10.1; thought to be one of the key rival to Apple’s iPad in the the tablet market.

The ban was set to expire at 4 p.m. (local time) on Friday, but will now continue until December 9th — a week from now — allowing the High Court to hear Apple’s further appeal agains the court decision, ZDNet Australia reports.

The High Court, the final court of appeal in Australia, will decide if Apple has the right to challenge the judgement of the release of the sales ban.

Next Friday’s hearing will only consider whether or not the High Court will hear the proposed appeal by Apple, as opposed to hearing the actual appeal itself.

“Samsung believes Apple has no basis for its application for leave to appeal and will vigorously oppose this to the High Court”, the Korean giant said in a statement.

Allowing the long-awaited tablet to go on sale, Samsung had planned a “high-velocity” launch to maximise sales in the run-up to the Christmas sales period. Some networks had already claimed that they were “ready” for the device.

One of the most popular shopping times runs between December 1st and December 5th, Even a day shaved off this timeframe would cost the company tens of thousands, if not millions in revenue.

While Samsung is the world’s most popular smartphone maker, with one in four U.S. smartphone users owning one, it falls to second place behind Apple in the tablet marketshare.

Read more on this story at ZDNet Australia.

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Topics

Ban, Samsung Galaxy Tab, Christmas, Sales Strategy, Sales Force Management, Sales, Zack Whittaker

Zack Whittaker, a criminologist who studied at the University of Kent, Canterbury, is a journalist, writer and broadcaster.

Disclosure

Zack Whittaker

I worked briefly with Microsoft UK in 2006 but no longer have any connection with the company. Regardless, I remain impartial and unbiased in my views.

I don't hold any stock or shares, investments or industrial secrets in any company, but have signed confidentiality agreements with a number of UK and U.S. organisations, whose names I am not at liberty to disclose.

I was involved with Kent Union, the University of Kent's student union, undertaking voluntary, non-salaried, elected positions between early 2009 and mid-2010.

No other company, body, government department, non-governmental organisation or third sector organisation employs me or pays me a salary in any capacity whatsoever.

As a freelance journalist, whenever expenses are given and taken by a company that is not CBS Interactive, these will be disclosed in each relevant post to ensure transparency.

I currently work with a UK law enforcement unit, but this is an entirely separate position which bears no connection to other work.

(Updated: 23rd October 2011)

Biography

Zack Whittaker

Zack Whittaker, criminologist who studied at the University of Kent, UK, is a journalist, writer and broadcaster.

After studying criminology at university, though still in his early-20's, he has already had a series unconventional work and voluntary positions. He has worked with researchers studying neurological illnesses like Tourette's syndrome (which he suffers from), has given lectures on the nature of disabilities in the public community, and occasionally ends up speaking on television and radio discussing the events of the day.

He first had academic work published at the age of 22, then still an undergraduate, and has been cited by a wide range of publications: from CNN, the Huffington Post, AllThingsDigital, The Atlantic Wire and CBS News.

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RE: Australian court extends Galaxy Tab ban; Unlikely to reach Christmas markets
non-biased 6th Dec
@jonc2011 So basically you hate Apple but you have no principles because you can be bought for a hundred or two? Sorry, but that says absolutely nothing about Apple and everything about you wink
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RE: Australian court extends Galaxy Tab ban; Unlikely to reach Christmas markets
The Linux Geek 2nd Dec
Apple & M$ must pay for these cowardly legal tactics. The people will see it and will embrace Android and FOSS!
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RE: Australian court extends Galaxy Tab ban; Unlikely to reach Christmas markets
murving 2nd Dec
@The Linux Geek How did you bring Microsoft into this. You keep spewing the same nonsense.
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RE: Australian court extends Galaxy Tab ban; Unlikely to reach Christmas markets
Lerianis10 2nd Dec
@murving

It's not nonsense, murving. Microsoft has used these exact same tactics in the past, to be blunt.
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Which 'same tactics'? Anyone ever stole Microsoft's IP to make forged ...
dderss 2nd Dec
@Lerianis10: ... products as if the thief is a Chinese no name producer of "Abibas" shoes and "Rolix" watches?
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RE: Australian court extends Galaxy Tab ban; Unlikely to reach Christmas markets
Lerianis10 2nd Dec
@dderss, there was NOTHING stolen here. The guts of the machines are totally different, and I could say that Apple 'stole' the look of the iPad from my Viewsonic monitor right here in my bedroom, because it looks VERY similar before you turn it on to that, besides the Apple branding on the iPad.

Simply put, Apple is doing an illegal and illegitimate lawsuit here to try to protect their market, because the Tab ALMOST is as good as the iPad.... while being? CHEAPER!
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Look at Samsung's tablet design before iPad and after
dderss Updated - 2nd Dec
@Lerianis10: IP theft screams. They copied almost everything -- from all-flat glass surface and black bezel design to icons to packaging to connector cable.

And do not forget that comparison is only possible "between apples and apples", so to speak. So no use describing "similar" designs of other types of devices. (Also, you can not patent design without assigning concrete category.)

And, finally, when Apple sued Samsung their devices were not cheaper. Now SGT 10.1 a bit cheaper, but you have to consider that it is made of cheap plastic comparing to aluminium, and that it employs cheap SoC Tegra-2, which three-to-five times slower in graphics, and up to ten times slower in vector floating point calculations. (And no wonder, since only graphics co-processor in Apple's A5 SoC is bigger than complete Tegra-2 chip.) Cheaper product has to be priced cheaper.

And SGTs are not selling that well anyway (where these are not banned), so these lawsuits are obviously matter of principle rather than about competition.

Amazon's Kindle Fire is the only capable competition to iPad now. It is different device in terms of target group, though.
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RE: Australian court extends Galaxy Tab ban; Unlikely to reach Christmas markets
tkejlboom 2nd Dec
@murving

MS IS using the EXACT same tactics RIGHT NOW. Zach just wasn't talking about it in THIS article. Until Apple launched it's Crusade against Samsung, all the news was about M$ suing Motorola and extorting Nokia.
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RE: Australian court extends Galaxy Tab ban; Unlikely to reach Christmas markets
belli_bettens@... 2nd Dec
@The Linux Geek
You're absolutely right, only, the people won't see this. They couldn't care less...
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So, it's Apple's fault that a COURT of LAW decided the case has merit?
baggins_z 2nd Dec
NT
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RE: Australian court extends Galaxy Tab ban; Unlikely to reach Christmas markets
non-biased 6th Dec
@baggins_z It's amazing how so many take a stand (on side or the other) on cases like this based on emotion. If there was no case what so ever it would have been tossed out quickly but apparently that is a case. Doesn't mean that Apple will definitely win or that everyone has to agree with what the case is based on but it is the law like it or not.
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RE: Australian court extends Galaxy Tab ban; Unlikely to reach Christmas markets
non-biased 6th Dec
@The Linux Geek So if Samsung did blatantly copy just above everything on the iPad rather than come up with something on their own that wouldn't be cowardly? Oh that's right, it your little world if something appears to be open source than it can do not wrong but if it isn't open source it can do nothing right. As mentioned, how does MS even come into this?
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G'day mate
SilentMethod 2nd Dec
I don't think Samsung's worthless copy of the ipad is going to matter to savvy Aussie consumers anyway. They might as well let them sell their piece of junk.
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Despite all Samsung's efforts, Galaxy Tabs are selling only moderately
dderss 2nd Dec
@SilentMethod: so much for bloggers who love to speculate that these legal disputes are about Apple being "scared of Samsung to death".

If these bloggers even tried to understand Jobs, then would understands that these trials are matter of principle.
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RE: Australian court extends Galaxy Tab ban; Unlikely to reach Christmas markets
Samic 2nd Dec
@dderss
Matter of principle of being in control of everything, right? (I've read the Jobs' bio too)

Kind of remind me of the Big Brother in Apple's 1984 Ad, doesn't it?
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RE: Australian court extends Galaxy Tab ban; Unlikely to reach Christmas markets
WinTard 2nd Dec
@dderss

As a matter of principle, If I were Samsung, I would simply stop selling any part to Apple, and see how well they fare without essential critical components? Well, Apple drew first blood betraying the alliance? So fair is fair?

Yes, nobody else in the world currently manufactures the A4 an A5 and future A6 CPUs but Samsung.

Samsung holds many manufacturing patented processes that are not easily substituted by merely changing part vendors. The tooling and quality check testing required would take probably 18 months or more to ramp up production elsewhere to end up with an unproven in the field product. What would Apple sell for these 18 months? And if they don't sell anything for 18 months, Apple might as well as declare they retire, because the rest of manufacturers are not going to slouch either.

Heh, what goes around comes around. The huge difference here between Apple and Samsung is without CPUs, Apple is bankrupt. However, Samsung couldn't care less about not selling smartphones, and still keep on going because they are truly widely diversified. See, no Achilles' heel for Samsung, whereas the jugular is very apparent for Apple.

~~~~~~~~~~
It will be glossy. And you will like it.
~ Book of Jobs - 11:42

We have always been shameless about stealing great ideas.
~ Steve Jobs

Um, he doesn't like fun that much ... I think, how many times would I see Steve Jobs just rail out in laughter like you would at good comedy, and it's pretty seldom. We did a lot of pranks together. But he wasn't really a laugher at the pranks, he more wanted to find a way to turn it into money.
~ Steve Wozniak, Apple cofounder

We don't know how to make a $500 computer that's not a piece of junk.
~ Steve Jobs
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RE: Australian court extends Galaxy Tab ban; Unlikely to reach Christmas markets
jncipriani@... 2nd Dec
@dderss

principle yet chinese knock-offs blatantly ripping off their look continue and apple does zero about it. Face it, they dont like that Samsung is able to produce a good product that can challenge them. Apple believes they stole their product (still to be disputed) and its runs pretty well which made Jobs pissed, hence all this foolishness.
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RE: Australian court extends Galaxy Tab ban; Unlikely to reach Christmas markets
tkejlboom 2nd Dec
@Wintard

Yeah, but if Samsung cuts Apple off, how much you want to bet they get sued for anti-competitive practices? Leveraging their vertical integration to force out competitors as it were. I think Samsung is fighting this the right way.
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RE: Australian court extends Galaxy Tab ban; Unlikely to reach Christmas markets
non-biased Updated - 6th Dec
@Samic No, principle of not letting somebody blatantly take your IP but of course you knew that but couldn't get your small mind around it could you.

@WinTard You should change your name to BizTard because you obviously have not business sense. Can Samsung survive without Apple as a customer, sure but they stand to take a much bigger hit without them. You also apparently have no clue about supply management either. Do you honestly think that Samsung can just can just call Apple and say that as of today we will not produce anything else for you without violating any contracts? Do you think they haven't already excepted POs for at least the next 12 months? Are you really that clueless?
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RE: Australian court extends Galaxy Tab ban; Unlikely to reach Christmas markets
jncipriani@... 2nd Dec
@SilentMethod

clearly you haven't used the tab as the 10.1 is pretty good and a lot easier to do some things than the ipad you so dearly cherish. Besides even if your claim is true, why is there a need for apple to be the little scared child afraid of not getting picked :((
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Reality is the Apple injunctions against Samsung failed at slowing anything
WinTard 2nd Dec
However, now that a higher court reversed the preliminary ban, the longer Apple uses below-the-belt (as usual per Apple) dirty tactics of delaying; ultimately they will have to compensate Samsung for all lost revenues.

Ironic isn't it? Even more ironic is even with all this legal onslaught against Samsung, it still manages to outsell Apple with the Galaxy S2 and Galaxy Tabs the world over. Apparently, people are no as stupid as Apple would like us to think so.

And Apple's product pipeline is empty of anything that could compete with Galaxy Skin and Galaxy Note.

The walls in the garden are crumbling and there is nothing Apple can do about it except go down in flames.

~~~~~~~~~~
Look back over the past, with its changing empires that rose and fell, and you can foresee the future, too.
~ Marcus Aurelius

No legacy is so rich as honesty.
~ William Shakespeare, 1564-1616

False words are not only evil in themselves, but they infect the soul with evil.
~ Plato, 427 BC-347 BC
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RE: Australian court extends Galaxy Tab ban; Unlikely to reach Christmas markets
Samic 2nd Dec
@WinTard
But then it's not easy to put a monetary value for "pottential loss" and even that could up for debate for years. So my guess is Apple is banking on that too and after everything is settle Samsung would be so far behind in marketplace.

Talks about stifling innovation. It's Netscape all over again.
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RE: Australian court extends Galaxy Tab ban; Unlikely to reach Christmas markets
WinTard 2nd Dec
@Samic

My take to this is Samsung is so far ahead in terms of state-of-the-art technology (just look at the Super-AMOLED, Galaxy Skin flexible display, or handwriting multi-lingual recognition in the Galaxy Note)

Whereas Apple has only hype and superficial looks but nothing underneath...

So I'll disagree that innovation is being stifled by the laggard Apple. Samsung is simply not paying any attention to Apple, keeps on investing multi-digit billion dollars in R&D each year, and reaps the reward afforded by true technology.

Please google Samsung 38.3 to see what I'm talking about just in 2011.

With these figures in mind, I think Samsung doesn't care either about the short-term financials, and would laugh at whatever pittance Apple would pay them. But we were talking principles here. And legally Apple has to pay damages to Samsung, if the preliminary ban Apple forced on Samsung is reversed. That's the law. That's fair.

No what Samsung is doing is merely flexing some intellectual muscle, basically showing to the world Apple's hype can only go so far. The Samsung Galaxy line is already considered by a majority of people as equivalent if not better than anything Apple has to offer. And that's round 1. Even with all these legal minefield, that Apple underestimated. Well, don't blame the bully for never encountering someone who finally stood up. Apple just can't fight Samsung and hope to win. They are not in the same league.

As to stock markets, they mean nothing! Unless one conveniently forgets all the market crashes, mortgage crashes, Enron scandal, Worldcom scandal, you know what I mean, when literally hundreds of billions of dollars vanished overnight! Please don't tell me this can never happen again...

~~~~~~~~~~
Look at market fluctuations as your friend rather than your enemy; profit from folly rather than participate in it.
~ Warren Buffett

Easy come, easy go
{English Proverb}

Early ripe, early rotten
{Japanese Proverb}

One of the funny things about the stock market is that every time one person buys, another sells, and both think they are astute.
~ William Feather
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RE: Australian court extends Galaxy Tab ban; Unlikely to reach Christmas markets
tkejlboom 2nd Dec
@WinTard

I disagree. Samsung has some great engineering, but it's not "state of the art". I'm very impressed with the internal layout of the Tab, but I already had a Xoom and a Transformer. The next Transformer is on its way. I think all of Android is five months behind where it would be without these legal issues. It's sapping resources. I think Android will succeed anyway, just because it is in a powerful growth market, but I think Samsung would like to invest in basic science and is instead pissing hundreds of millions away in legal wrangling.
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RE: Australian court extends Galaxy Tab ban; Unlikely to reach Christmas markets
Samic Updated - 2nd Dec
duplicate post
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RE: Australian court extends Galaxy Tab ban; Unlikely to reach Christmas markets
ogoforth 2nd Dec
This is exactly why I would own an Apple product. It's no wonder there stuff is so expensive. If another computer is white in color there is a lawsuit. If the mouse has one button, lawsuit. Good thing the dam keyboard wasn't patented.

These companies are like a bunch of spoiled brats.
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RE: Australian court extends Galaxy Tab ban; Unlikely to reach Christmas markets
bajan5026@... 2nd Dec
Someone should start a global boycott of all Apple products.
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RE: Australian court extends Galaxy Tab ban; Unlikely to reach Christmas markets
non-biased 6th Dec
@bajan5026@... Ok, you start happy
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RE: Australian court extends Galaxy Tab ban; Unlikely to reach Christmas markets
SHAMKEN@... 2nd Dec
You guys kill me!lmao
Day after day putting each down. Too Funny
"seriously Geeks"

For me there is just No justification for spending a whole lot of money on Technology!
Why would you spend so much money on a Tablet? Because you can?
Laptops are a joke would not spend over $300 on one.
Also why are they so heavy you can know longer lug them around. Really?
Most software is buggy.
The whole industry are scamming.
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RE: Australian court extends Galaxy Tab ban; Unlikely to reach Christmas markets
trm1945 2nd Dec
When you realize that the product you're holding in your hands will be obsolete in two years and in need of being disposed of, some things come to mind: Great, solid construction is something you've just paid for but will soon throw away. You've just bought a software running device. Regardless of price, does it do it? And finally, there will always be lawsuits, none will ever do you any good and you will pay for them all.
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I presume the coming blockbuster film will be entitled
mhenriday 2nd Dec
Business, Apple style. But perhaps the producers will instead choose to go for The Gospel according to Saint Jobs....

Henri
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RE: Australian court extends Galaxy Tab ban; Unlikely to reach Christmas markets
SHAMKEN@... 2nd Dec
I can understand Apple going after Samsung.
Samsung makes many products and Apple does not.
I thank that scares Apple.
Lets face it Apple makes audio player,laptops,PC and Phone.
Samsung makes all of the above maybe not as nice then Apple.
They are killing Sony.
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RE: Australian court extends Galaxy Tab ban; Unlikely to reach Christmas markets
citi_fog Updated - 2nd Dec
"IP theft screams. They copied almost everything -- from all-flat glass surface and black bezel design to icons to packaging to connector cable."

This seems to sum up the level of knowledge and mentality here. I think Fujitsu were the the first to use flat glass on a tablet but I could be wrong - but just to claim the idea of using flat glass as your own IP shows the utter stupidity that is prevalent in the US and, to a marginally lesser extent, the European law courts and sadly some of the public. Icons? - Xerox. Black bezel? - probably Fujitsu - how the hell do you claim that as IP? It's the colour of the glue and the plastic beneath for Heaven's sake.

Somebody needs to slam Apple and the others for anti-competitive practices and to make sure the patent and design laws do what they were supposed to and protect and encourage innovation. A flat glass screen, a black bezel, icons, a rectangular and rounded edges are not innovative, they're just bloody obvious.
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I wouldn't use anything Apple if you paid me
jonc2011 2nd Dec
Well I might sacrifice my principles and use an iPhone if you paid me a hundred or two
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RE: Australian court extends Galaxy Tab ban; Unlikely to reach Christmas markets
non-biased 6th Dec
@jonc2011 So basically you hate Apple but you have no principles because you can be bought for a hundred or two? Sorry, but that says absolutely nothing about Apple and everything about you wink
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RE: Australian court extends Galaxy Tab ban; Unlikely to reach Christmas markets
eLearner 4th Dec
"While Samsung is the world???s most popular smartphone maker, with one in four U.S. smartphone users owning one, it falls to second place behind Apple in the tablet marketshare."

And why is that?

You know what. I have NO NEED for a Samsung Galaxy Tab. I have my ASUS Transformer and it does the job very well.

But hey, being in Aus myself, I've made a decision now. I'm GOING to buy one. Maybe for the wife? Maybe 2 more for the kids?

Maybe I'll smuggle them into the country and sell them on the black market, or GIVE them away for free

WHY?

because there is only 1 way to deal with a bully. Stand up to it, and in numbers.

Apples tactics here are a joke.

I've said it before. "It's the cornered fox that bites".

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