Apple wins Australia ban against Samsung

2011-10-13 22:51

Sydney - US technology giant Apple on Thursday won a temporary ban on Samsung selling its Galaxy Tab 10.1 in Australia, the latest victory in its global battle over patents related to the iPad.

The Federal Court of Australia granted an interim order against the sale of the Galaxy 10.1, ruling that Apple had established a prima facie case that the South Korean company had breached touchscreen technology copyrights.

"Despite the force of Samsung's submissions I have found that Apple has established a prima facie case of infringement of claims of both [its] patent[s]," Justice Annabelle Bennett told the court.

"That is, it has established a probability, not necessarily in a mathematical sense, that it will, on the present evidence, succeed at trial."

Apple won a similar ban on the Galaxy Tab 10.1 in Germany earlier this month related to copyright breaches, and the two companies are locked in an ongoing battle over smartphone and tablet technology in the United States.

Similar disputes are afoot in South Korea.

Bennett ruled that refusing a temporary ban on the sale of the Galaxy 10.1 while a full trial was held into the contested patents would have resulted in "significant" detriment to Apple.

She rejected Samsung's claims that the American technology giant had delayed bringing legal proceedings and said the South Korean firm's own unwillingness to be available for a full hearing in November had weighed against it in the case.

Bennett said Samsung had been aware of the copyright issues since at least April, when Apple launched legal action against the Galaxy 10.1 in the United States, and "proceeded with its eyes wide open" on launching the product in Australia.

Marginally in Apple's favour

"Overall, considering that Apple has established a prima facie case with respect to two separate patents, and that the balance of convenience is marginally in its favour, I am satisfied that it is appropriate to grant the interim injunction," the judge said.

Lawyers for both sides declined to comment outside the court, but Samsung later issued a defiant statement expressing its disappointment at the outcome and vowing not to be deterred.

"Samsung will take all necessary measures including legal action in order to ensure our innovative products are available to consumers," Samsung said.

"This is a part of our ongoing legal proceeding against Apple's claim."

The Korean tech firm said it was "confident" of proving that Apple had violated separate patents belonging to Samsung relating to wireless technology in a cross-claim filed in the Federal Court case.

"Our wireless standard patents are essential for mobile business," Samsung said.

"We will continue to legally assert our intellectual property rights against those who violate Samsung's patents and free ride on our technology."

Bennett is due to hand down her full findings and rulings in the case on Friday, following talks with the two companies about any evidence they wish to be kept confidential.

Read more on:    samsung  |  apple  |  australia  |  computing  |  ipad
NEXT ON NEWS24X
SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
3 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News
 

Joburg hot spots for cocktails, craft beer, tapas and wine!

It’s the season to be jolly – so we’ve rounded up some new Joburg hot spots!

 
 

I love summer.24

Christmas lingerie to make this festive season the best one ever!
13 things you might not know about Disneyland
The craziest deaths of 2014
How to make this a sensual, sexy summer!

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Kalahari.com - shop online today

2DAYS ONLY – 30% off Appliances

Coffee makers, blenders, fans, juicers and more. T&Cs apply. Shop now!

2 DAYS ONLY – 40% off books

Get 40% off when you buy 2 books. For two days only! T&Cs apply. Buy now!

Up to 50% off on outdoor gear

Save on chairs, blankets, cooler bags, umbrellas and more. Shop now!

Save on Samsung

Cameras, mobile phones, TVs, Tablets and more. While stocks last. Shop now!

Grand Theft Auto 5

Now available on PS4, Xbox One and PC from R649. Buy now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

There is so much going on around you and inside your head. You may want to take your ideas to the next level. Romance may be...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.