Samsung continues with its fight against the ruling in the Australian court that forbade its sales of the Galaxy Tab 10.1 in that continent. Apple had claimed patent rights infringement in court stating that the Galaxy Tab 1o.1 was a copy of its iPad. The Australian court in the room of Justice Bennett had ruled in favor of Apple which Samsung states was one with “fundamental errors” and the judge had “misunderstood and misapplied the basic requirements.” Samsung is now approaching the appeals court this week with their side of the story once again.
“We contend that the primary judge made a series of fundamental errors in her disposition of the interlocutory application,” lawyers representing Samsung said to the appeals court judges. They termed the judgment were all based on errors of principle and that finally Samsung had been penalized whilst they were at a critical stage during the development of the tablet market.
It shouldn’t be surprising though if Apple claims the judgment to be one that had been passed after a careful and detailed preview.
The appeal court judgment is yet to come but first hand report does give some indication of a lean towards Samsung. That Apple enjoys monopoly to a certain extent is one of the factors that would weight in the final judgment. Apple had then claimed a complete fall out in their market and business dealings in case Samsung Galaxy Tab 10.1 had been allowed to continue. This effect is something that the judges would be surely re-looking at.
As one of the Appeal Judge said: “If you have a fast moving product which if taken off the market, destroys the opportunities available to the newcomer and preserves the monopoly of the incumbent then you’d have to have a very close look at the strength of the case.”
The injunction though has not had much of an effect on the Galaxy Tab 10.1 availability and sale in Australia. Due its high demand retailers have brought in the tablet through unofficial channels and in Germany, Samsung themselves have redesigned the tablet and have named it the Galaxy Tab 10.1N to circumvent the Apple claim.
“The result looks terribly fair to Apple and not terribly fair to Samsung,” federal court justice Lindsay Foster said on Friday.
It will be interesting to see if Samsung goes on to launch the Galaxy Tab 10.1N in all those countries where it has lost out to Apple. Or better still, what Apple’s response itself is to the Galaxy Tab 10.1N which is more of a cosmetic makeover than anything else. Apple’s prime ire against the Samsung tablet was also more against its looks than anything else.