Apple, Samsung Galaxy Tab patent battle heats up in Australia

Apple, Samsung Galaxy Tab patent battle heats up in Australia

Summary: Samsung today revealed a plan to countersue Apple for patent infringement within its flagship iPad tablet while pledging to push back its official launch date to the end of next month.

SHARE:
TOPICS: Samsung, Apple, Legal, Tablets
85

Samsung barrister David Catterns revealed a plan to countersue Apple which has sued Samsung in Australia over potential patent violations by the Samsung Galaxy Tab.

"Our cross claim will include a cross claim of infringement for a number of our patents that have been infringed by their [Apple's] iPad," Catterns told Justice Annabelle Bennett today, adding in a statement that its counter-claim would also encompass the Apple iPhone.

Apple Australia originally sued Samsung after it felt that the gadget maker was infringing on its patents in its upcoming Samsung Galaxy Tab 10.1. Samsung contested the allegation, saying that Apple Australia was basing its claims on the US version of the Galaxy Tab 10.1. The two parties at the time agreed to an undertaking that would see Samsung hold its shipment of the Australian version of the Galaxy Tab 10.1 until Apple had the chance to study three of the units, seven days before the proposed release of the device to market.

Apple Australia told the court that it had received the units last Thursday, and had until this Thursday to complete its investigation. Representatives acting for Apple Australia told the court that they had found two patents that Samsung had allegedly violated, in the investigation process, that support the Apple case. Apple Australia has also added another patent to the laundry list of existing alleged infringements.

For more on this story, read Samsung fires back in Apple Oz Galaxy suit on ZDNet Australia.

Topics: Samsung, Apple, Legal, Tablets

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.

Kick off your day with ZDNet's daily email newsletter. It's the freshest tech news and opinion, served hot. Get it.

Talkback

85 comments
Log in or register to join the discussion
  • Message has been deleted.

    JackLuna
    • RE: Apple, Samsung Galaxy Tab patent battle heats up

      I don't understand, apple is suing over look, feel, and function, we all seem to forget that motorola still holds the origional patent for [the?] mobile (cellular) communication devices. Just because something is similar in function or design doesn't necessarily mean it has infringed on a patent, if apple incorporates a back button, because frankly I find going to app screen every time I want to go to a previous program unbearable, apple should not be sued by anyone, dumb phone, smartphone, TV remote, any modern car. Learn how patterns work, if apple filed a patent for the UI that states "navigate the UI by gestures" not only would it be impossible for android, blackberry, webOS, and symbian to have touch screens it would be illegal for anything to use gestures to navigate a UI, making Xbox kinect PlayStation move, camspace, and the movie minority report completely illegal. If. Crap my phone is messing up, i cant see what i am typing something does something in a similrent(meaning not exactly the same)
      Feds Against Guns
  • Apple should stay away from Android

    The community can't stand this monopolistic behavior and Apple loses many potential customers because of this.
    We all know that Apple only spreads FUD about Android just like its elder retarded brother M$.
    The Linux Geek
    • RE: Apple, Samsung Galaxy Tab patent battle heats up

      @The Linux Geek
      When Apple was spreading "FUD" about Windows i am sure you were all for it. Now they are attacking Android for a legitimate reason (Patents weather you think they are deserving of the patents or not, its still the law and they are playing by the law) you do whats easy and clump them with "M$" to make a silly point. Fact is until the evidence is shown and the courts determine who is right and who is wrong all this stuff u are saying is irrelevant.

      "The community can't stand this monopolistic behavior"
      Please explain to me what "The Community" stands for because Apples products are selling like hot cakes. The couple thousand people like us that come on this site and read the daily happenings of the tech industry don't really control who buys what. Don't try to make your statements sound more important by putting "the community in it.

      I don't like Apple products so i don't buy them but if G$(silly) is violating patents in Android that's for the courts to determine, not you not me.

      The Linux Geek (how can you lie to yourself all day and then go home happy)
      FlatbushE21
      • RE: Apple, Samsung Galaxy Tab patent battle heats up

        @FlatbushE21
        Seems like a pretty personal argument here.
        It's an opinion and a hope, not nearly as angry and loathesome as yours.
        A small community can actually change market trends. They're called early adopters and reviewers. Why do you think G+ gained so much traction so quickly (yeah it faded out, but not the point).
        And yes the courts will decide, but as a citizen of any free country. You have the right to criticize and do so publicly (Ask the West Memphis 3).
        Not sure I personally care about Australia law, but I do think that these lawsuits (on all sides) are getting ridiculous. As a software developer, it's worrisome that I could be sued for creating something that has an unlock screen or has a scroll bar for a gallery. And there is no way any small company can afford that type of lawsuit.
        ?Be who you are and say what you feel because those who mind don't matter and those who matter don't mind.?
        nickmcel
      • RE: Apple, Samsung Galaxy Tab patent battle heats up

        @FlatbushE21 and nickmcel
        In a way both of you are right. I see that Apple has something against Samsung (see EU also). I consider those not only not right (but is true is about the court to decide if the reasons are real) but somehow hilarious. I read about one of the patents is about how an interface looks. What if Ford or who knows who will sue the other auto companies for making cars with 4 wheels, 1 steering wheel and lights? They all look alike isn?t it??!! And why is not Microsoft suing Apple for the use of icons? Were they not the first who used them? Or they forgot to patent them?
        So in my opinion, the main problem is who allowed these patents, who approved them!!
        liviuzak
      • RE: Apple, Samsung Galaxy Tab patent battle heats up

        @FlatbushE21<br><br>This keeps coming up again and again.<br>"We", as in techno-geeks (I count myself among you), DO NOT MATTER. In terms of the consumer community at large, we are such a minority that we barely merit any mention at all. I can't count on one hand the number of friends (i.e. people I actually spend time with) that are geeks like me. So, whether or not you're an Apple fanboy, an MS fanboy, or a Linux fanboy, the vast majority of people on this planet don't give a f$%k what we think.<br><img border="0" src="http://www.cnet.com/i/mb/emoticons/happy.gif" alt="happy">
        HappyXWindowsUser
      • RE: Apple, Samsung Galaxy Tab patent battle heats up

        @FlatbushE21 I didn't realize playing by the law allowed you to submit doctored photos as evidence.
        A. Noid
      • RE: Apple, Samsung Galaxy Tab patent battle heats up

        @FlatbushE21

        NO community can long stand this kind of behavior, and no, two years is NOT long term. We could easily have today's 30 year olds living to 100... assuming they don't eat themselves to death. It would be a bad thing if our consumer products production compared to the rest of the world's like our internet infrastructure does.

        The courts are not the final arbiters of law in a democracy! The lower courts are typically elected by the people. It's VITAL to ensure that the courts know the people are paying attention.
        tkejlboom
      • RE: Apple, Samsung Galaxy Tab patent battle heats up

        @FlatbushE21
        Well stated!!!
        primerochoice@...
    • RE: Apple, Samsung Galaxy Tab patent battle heats up

      @The Linux Geek
      Your are the typical ignorant American Consumer. You reward companies that blatantly copy or infringe successful products. Korean companies have long copied the design and function of American products. From the Motorola Star Tac, Razr, to Apples iPhone and now iPad.

      Korean car companies have for decades copied the designs of Lexus, Mercedes, and others. They manufacture cheap imitations of the originals and we reward them by purchasing their crap.

      Samsung and HTC have been copying the Apple iPhone design and interface as much as possible using Android. In fact Android was written by Google after the iPhone to copy the OS. Apple has every legal right to defend it's designs and patents.
      Masari.Jones
      • just like apple copied everyone else. jobs isn' original EVER!

        @Masari.Jones @ wow aren't you a little loyal apple lemming.
        What a pity in your blindness you have given up reality.

        Steve jobs copied everything just the same as you accuse android, wake up from your Kook-Aid induced VR world and try joining reality for a change.
        Reality Bites
      • Who buys these copies?

        @Masari.Jones

        I dont see those cars you talk about but clearly there must be some BUT nobody made them buy. It's a free world, the American dream. Um till it doesn't suit.

        As for 'look'.. cars have four wheels and doors and look alike. It's not stopped me buying one so why should ANdroid not mimic something? And who says is mimics Apple... A screen is a screen, gestures are gestures. So what if someone copies the 'function'. Are you really dumb enough to think only one brand of car should have window wipers, or fog lamps, or an automatic gearbox?? Get a life and get off your Apple high-horse and let the market do its stuff.

        And dont patronise folk.... there are plenty devices out there that offe rmore than an iPad. I have ipad and iphone but still prefer to buy Android... thats my choice based on use. I have hdmi, SD, uSD, USB, and a keyboard. The Apple is a safe choice if you want less.. thats what the market has decided and it suits consumers better. I can understand that, and Androids next feature should be to get the platform as resilient as IOS, and a quick recovery if required (Apples is quick as long as you have a PC to hand but we'll not argue over it. Folk can be fickle though, and mine needs reset often enough)
        johnmckay
      • RE: Apple, Samsung Galaxy Tab patent battle heats up

        @Reality Bites [b]Steve jobs copied everything just the same as you accuse android, wake up from your Kook-Aid induced VR world and try joining reality for a change.[/b]

        Well then maybe YOU can answer a question for me that every single fandroid I've asked has failed to. Okay Android started out as a blackberry OS clone prior to the purchase of Android by Google. Google's Eric Schmidt (then CEO) sat on the board of directors for Apple during the development of the original iPhone - in fact was still on Apple's BOD when the iPhone was first released and was a huge success. And as a BOD member had access to the development data and prototypes of the OS and hardware. So when Google's version of Android was released how come it went from a BB clone to an iOS clone? Come on dude, answer the question or would you rather sit behind your keyboard and be an insulting troll with no facts or data to back up his claims?

        WHY is it that Android went from a BB clone prior to the release of iOS to an iOS clone after the huge success of iOS if Google didn't copy from [i]Apple[/i]?
        athynz
      • How Is That an Answer?

        @athynz
        Every successful new product has its share of imitators. It is not illegal to imitate some of the features of a product that make it successful. Apple does plenty of this on their own. Apple's biggest strength in recent years has been, not in coming up with original innovations for a product, but in anticipating which features that it copies from someone else will be popular and putting them together into one product.

        Really, none of the companies that are wildly commercially successful do that on innovation. Innovations are rough things that are not yet consumer ready. It's polishing innovations and making them practical that makes products successful. Apple is good at polishing things.
        CFWhitman
      • RE: Apple, Samsung Galaxy Tab patent battle heats up

        @CFWhitman I can't speak for athynz but here is my take on his question and why he asked it. We all know that pretty much all companies take what was successful for their competition and incorporated it into their products, happens every day in pretty much every industry. I think athynz point is more about the fact that depending on who a poster is a fanboy of they give a pass to that company while bashing others for doing the same thing. The other issue is if the copying is actually a violation of the law. Nobody here has the authority to decide if a patent is valid or not nor do these companies. Is the patent system in need of a major overhaul, of course it is but that doesn't give a company the right to just ignore patent law. If the patent holder feels their IP has been violated they have every right to try to protect that IP regardless of what we think of the system. Google seems to take the position of it's better to ask forgiveness than permission and that may or may not come back to bite them in the a$$ in a big way.
        non-biased
    • RE: Apple, Samsung Galaxy Tab patent battle heats up

      @The Linux Geek Ahhh yes I totally missed your Apple and Microsoft are evil" rants with no substance to them but full of sound and fury signifying not one damn'ed thing... /sarcasm

      Tell me in your infinite wisdom just HOW is Apple a monopoly and tell me HOW Apple is acting monopolistic by defending it's patents? I ask because you already deem the case closed in favor of Samsung... but the funny thing is the patents Apple is suing over are hardware related not software related so really this is not an attack on Android but on Samsung just for this product. Apple is NOT suing Motorola or HTC or even Samsung over the original Galaxy line... So how is the suit "spreading FUD" about Android?

      See, no substance to your posts... adding "The" in front of your pseudonym hasn't helped any.
      athynz
    • RE: Apple, Samsung Galaxy Tab patent battle heats up

      @The Linux Geek
      I'm new to this forum --and this topic, But as Feds-Against-Guns, The Linux Geek, nickmcel posts state (all excellent counterpoints) summed up rather nicely (and accurately) by Liviuzak@;

      "So in my opinion, the main problem is who allowed these patents, who approved them!! "
      pjasz
  • RE: Apple, Samsung Galaxy Tab patent battle heats up

    I thought that someone said that Apple would never sue Samsung, because Samsung manufacturers the parts for Apple's iProducts?

    I don't know a lot about this- can someone explain it to me please?
    DJThuht
    • RE: Apple, Samsung Galaxy Tab patent battle heats up

      @DJThuht It's called there are more than a single supplier. Apple (read Steve Jobs) has been sorely burnt on the patent issue in the past. It was Jobs who began patenting every possible innovation Apple could produce in the past 15 years, and rightly so. Bill Gates walked away with the store back in the 90's and Jobs, Inc. hasn't forgotten it. Intellectual property is just that, 'property' and any company has a right to defend it from theft.
      Like it or not Google has demonstrated the ethics of an early Bill Gates in their attempt to emulate said Mr. Gates in the mobile market. Most of these suits are round about shots at Android and rightly so as well. Google took open source Linux and 'developed' it to first look like the then popular Blackberry with a nod to MSMobile, but after the iPhone came out it was an all out effort to emulate that interface. I strongly suspect Androids time in the sun is about over, at least as far as the consumer market is concerned. Geeks R Us will always like a toy we can fiddle with. Grandma could give a rat's petuttie, she just wants it to work.
      As for the hardware patent issues I have to admit some of them are on thin ground on the 'look and feel' area, but they are patents, granted nonetheless and Apple has every legal right to defend them.
      dheady@...