Australian Judge Suggests Apple has Tablet Monopoly During Samsung Appeal

Discussion in 'Android Tablet News' started by dgstorm, Nov 25, 2011.

  1. dgstorm

    dgstorm Editor in Chief Staff Member

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    We may be about to see a fairly big turnaround for the Apple vs. Samsung patent lawsuits, at least in Australia. During Samsung's appeals hearing, one of the judges presiding questioned the fairness of the ruling that previously granted Apple's request for a ban on the Samsung tablet. One of the Federal Court Judges had this to say, “The result looks terribly fair to Apple and not terribly fair to Samsung." Another of the judges said the following while referring to Apple, "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.” Still another statement was made by one of the judges that looked favorably toward Samsung, “We’re talking about a period of three months and all of Apple will come tumbling down? That’s 'very speculative'."

    These comments all came after and during Samsung's two hour appeals presentation challenging the ban. During the presentation, Samsung's lawyer, Neil Young, accused the original judge that issued the injunction, Federal Court Justice Annabelle Bennett, of “fundamental errors." He elaborated that Bennett,
    Samsung's lawyers also said,
    Here's a final quote from the Businessweek article that sums up Samsung's argument,
    Of course, Apple didn't agree with any of this, and believed that judge Bennett's ruling had been the result of “a careful and detailed review.”

    Ironically, it almost seems that the ban ended up being a non-issue, both in Australia and in Germany. In Australia, retailers skirted the ban by unofficially importing the Galaxy Tab 10.1 to meet the high customer demand. While in Germany, Samsung brought to market a mildly redesigned version that gets around Apple’s patents. Still, it's good to see balanced and fair justice starting to prevail, as the precedents in this case could have ramifications for future patent lawsuits.

    Source: SlashGear and Businessweek
     
    Last edited: Nov 25, 2011
  2. log0008

    log0008 Member

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    Very interesting, very considering i am in Australia! :)
     
  3. KevTN

    KevTN Member

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    Glad to see this is getting a close look again. Apples bullying antics does nothing but sqaushes true development but that is the way that Apple has always worked through intimidation and bent reality.
     
  4. 1goodidea

    1goodidea Member

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    Good job, I hope it is overturned. More competition is better for all consumers.
     

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