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Foreign visitors look around at a showroom displaying Samsung Electronics' products at the company's headquarters in Seoul July 7, 2010.
Credit: Reuters/Truth Leem
By Narayanan Somasundaram and Amy Pyett
SYDNEY |
Tue Oct 4, 2011 1:06am EDT
SYDNEY (Reuters) - Apple Inc rejected an offer from Samsung Electronics Co to help settle their tablet computer row in Australia, hoping for an important court victory there in its global campaign of patent litigation.
Apple claims Samsung's Galaxy line of mobile phones and tablets "slavishly" copied its iPhone and iPad and has launched an international legal battle which is expected to hurt growth at one of the South Korean firm's fastest-growing businesses.
Samsung has rejected the accusations and has shot back with claims of its own. The Galaxy gadgets, powered by Google's Android operating system, are seen as the biggest challengers to Apple's mobile devices.
Apple has already secured a block on the latest Galaxy tablets in Germany and some Samsung smartphone models in the Netherlands.
A win in Australia could hurt Samsung's bid to close the gap with Apple in the global tablet market, with another high-stakes ruling expected from a U.S. court next week.
Samsung approached Apple last week, offering to help secure a quick court ruling in their Australian dispute, in return for being able to immediately launch the new Galaxy tablet there.
But Apple told the Federal Court in Sydney on Tuesday that Samsung's proposal provided no basis for a settlement.
"It is one we don't accept and there is no surprise. The main reason we are here is to prevent the launch and maintain the status quo," Apple lawyer Steven Burley said.
He said Samsung should anyway agree to an expedited court process, not impose conditions on its cooperation to that end.
"The decision as to not being available to conduct an early final hearing is no more than a tactical one -- a tactical one which is designed to maximize the chances of Samsung launching what we would submit is an infringing product," Burley said.
Samsung suggested to the court that the prospects of an immediate settlement were now bleak.
"It is not going to be achievable your honor, given the positions advanced by each party," a Samsung lawyer said.
CRUCIAL U.S. COURT RULING
Samsung had hoped to launch the new Galaxy tablet in Australia in late August or early September but this has been repeatedly delayed as it awaits the Australian court's ruling.
Last week, Samsung agreed to withdraw two features from the Galaxy 10.1, leaving just one disputed Apple patent over touch-screen display technology. This patent deals with how finger movements are used on tablets to generate a software command.
Samsung and Apple are suing each other in nine countries over 20 cases, with few of them holding as much significance as the California court ruling expected next week.
Samsung may seek legal measures to ban sales of Apple's new iPhone, a source familiar with the matter has told Reuters. The highly anticipated iPhone 5 is to be unveiled later on Tuesday.
Apple fired its first salvo in April by suing Samsung in California, saying the Galaxy lineup devices infringed on its mobile technology patents and design.
Samsung's smartphone business has been growing furiously, powered by its flagship Galaxy lineups. Some analysts expect Samsung to overtake Apple in unit terms as the world's No.1 smartphone vendor and report record profits from mobile business in July-September.
Samsung, due to report its third-quarter earnings guidance later this week, saw smartphone sales soar more than 500 percent in the second quarter, easily eclipsing Apple's 142 percent growth, though Apple sold about 1 million more units.
(Additional reporting by Miyoung Kim; Writing by Mark Bendeich; Editing by Anshuman Daga)
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We welcome comments that advance the story through relevant opinion, anecdotes, links and data. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. For more information on our comment policy, see http://blogs.reuters.com/fulldisclosure/2010/09/27/toward-a-more-thoughtful-conversation-on-stories/
Comments (1)
jp21at wrote:
If i’m not mistaken Samsung was used to provide apple with hardware for many of their products. Maybe it’s time for them to give them a cold shoulder.
Oct 03, 2011 11:58pm EDT -- Report as abuse
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