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Thursday, 13 October 2011 - Apple wins Samsung tablet ban in Australian court |
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Watched Japanese airline, ANA, apologises for plane flip Fri, Sep 30 2011 Rihanna's "inappropriate" outfit halts music video Tue, Sep 27 2011 China : what is a "hard landing"? Sun, Oct 9 2011 Apple wins Samsung tablet ban in Australian court Tweet Share this Email Print Related News Samsung upgrades smartphones to avoid Dutch sales ban Wed, Oct 12 2011 Samsung delays new Android model release after Jobs's death Mon, Oct 10 2011 Samsung says third-quarter to top consensus as phones boom Fri, Oct 7 2011 RPT-UPDATE 3-Apple's lead over rivals could narrow without Jobs Fri, Oct 7 2011 Apple-Samsung tablet dispute Australia ruling seen next week Fri, Oct 7 2011 Analysis & Opinion Anna Nicole Smith’s biggest legacy? Confusion in bankruptcy case October 11: Muniland snaps Related Topics Technology » Media » iPad » A man uses Samsung Electronics' tablet Galaxy Tab 10.1 displayed for customers at the company's headquarters in Seoul October 7, 2011. Credit: Reuters/Jo Yong-Hak By Amy Pyett and Narayanan Somasundaram SYDNEY | Thu Oct 13, 2011 2:02am EDT SYDNEY (Reuters) - A court slapped a temporary ban on the sale of Samsung Electronics' latest computer tablet in Australia on Thursday, handing rival Apple another legal victory in the two firms' global patent war. Resolution of the case could take months -- unless Samsung takes the potentially risky option of an expedited hearing -- which, in the fast-moving industry, could mean the new Galaxy tablet is never launched in Australia. The Galaxy is the hottest competitor to Apple's iPad, which dominates global tablet sales. "The ruling could further extend Apple's dominance in the tablet market as it widens a sales ban of Samsung's latest product," said Lee Seung-woo, an analyst at Shinyoung Securities in Seoul. Whilst the ruling is a blow for Samsung, the Australian market is not large. A more important legal battle starts later on Thursday, when a Californian court begins hearing Apple's bid to ban sales of Galaxy products in the United States. The two technology firms have been locked in an acrimonious battle in 10 countries involving smartphones and tablets since April, with the Australian dispute centering on touch-screen technology used in Samsung's new tablet. The Federal Court in Sydney, in granting the temporary ban, ruled Samsung had a case to answer on at least two of Apple's patents. The ban applies on sales of Samsung's Galaxy 10.1 tablet until the same court rules on the core patent issue. "I am satisfied that it is appropriate to grant an interim injunction, however I propose again the opportunity of an early final hearing on the issues presented in this application," judge Annabelle Bennett told the court. Intellectual property expert Florian Mueller said one of the patents at issue, a touchscreen heuristics patent, listed the late Steve Jobs as its first inventor, making it "emotionally but also strategically important to Apple". "None of the two patents will be at issue later today at a hearing in California on Apple's motion for a U.S.-wide preliminary injunction," said Mueller. "But the Australian ruling nevertheless adds to Apple's 'copycat' story and increases the likelihood of an injunction in the U.S." Samsung shares fell after the ruling, and closed down 0.9 percent in Seoul, where the broader market finished up 0.8 percent. APPEAL OPTION The Australian ruling follows Apple's successful legal move to block Samsung from selling its tablets in Germany and a case in the Netherlands that has forced Samsung to modify some smartphone models. Samsung left open the option of appealing against the ruling and pointed out that it would continue to pursue its own patent claim against Apple involving Samsung's wireless technology. "We are disappointed with this ruling and Samsung will take all necessary measures, including legal action, in order to ensure our innovative products are available to consumers," the company said in a statement. The Australian court's hearing of the patent issue could force Samsung to miss the Christmas gift-giving season there. "It will take a long time to gather the expert evidence on how Samsung is or isn't in breach of Apple's patents, so without some sort of expedition, they are looking at a substantial time out of the market," said Nathan Mattock, a telecoms intellectual property lawyer at Marque Lawyers in Sydney. In her ruling, judge Bennett offered Samsung the opportunity of a quick final ruling on the patent dispute. But Samsung has so far been reluctant to agree to an expedited Australian hearing, despite the risk of missing out on Christmas sales, because it says it needs time to prepare a proper defense against Apple's case. In short, Samsung has indicated that missing Christmas in Australia could be less of a problem for the company than rushing its defense and risking defeat on a key patent ruling. Samsung can appeal against the decision on the temporary ban within 14 days of the release of the written judgment, due on Friday. (Additional reporting by Miyoung Kim in SEOUL and Rachel Armstrong in SINGAPORE; Writing by Mark Bendeich and Alex Richardson) Technology Media iPad Related Quotes and News Company Price Related News Tweet this Link this Share this Digg this Email Reprints   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 (0) Be the first to comment on reuters.com. Add yours using the box above. Social Stream (What's this?)   Edition: U.S. Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom Back to top Reuters.com Business Markets World Politics Technology Opinion Money Pictures Videos Site Index Legal Bankruptcy Law California Legal New York Legal Securities Law Support & Contact Contact Us Advertise With Us Connect with Reuters Twitter   Facebook   LinkedIn   RSS   Podcast   Newsletters   Mobile About Privacy Policy Terms of Use Our Flagship financial information platform incorporating Reuters Insider An ultra-low latency infrastructure for electronic trading and data distribution A connected approach to governance, risk and compliance Our next generation legal research platform Our global tax workstation Thomsonreuters.com About Thomson Reuters Investor Relations Careers Contact Us   Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. 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