Samsung complained on multiple grounds. "[Bennett] based her response on the basis that Samsung wouldn't accept an early final hearing, which tipped the balance against us," Samsung's legal counsel said in court today. Samsung Electronics has won court approval to fast-track its appeal against the ban on its Galaxy Tab 10.1 in Australia.
The two companies were also in the courts for preliminary hearings into Samsung's attempt to get the new Jesus-mobe banned on the basis that it infringes on Samsung's patents. Last week, Samsung launched its latest phone, the Galaxy Nexus, which mobile president JK Shin said should avoid Apple patents.
An Australian court decision banning a Samsung Electronics Co. tablet computer from the local market due to alleged infringement of patents held by Apple Inc. made errors of law and should be overturned, lawyers for Samsung argued Thursday. In an appeal hearing at the Federal Court in Sydney, Samsung lawyer Neil Young said Justice Annabelle Bennett's granting of an injunction to Apple preventing the distribution of Samsung's Galaxy Tab 10.1 in Australia was based on "irrelevant considerations".
The battle is part of a world-wide fight between Samsung and Apple—respectively the world's largest technology companies by revenues and market capitalization—over the US$16 billion market for tablets.
Apple has already scored a major victory in Germany where a court has banned sales of Samsung's Galaxy Tab 10.1 in Europe's biggest economy, while Samsung has brought a separate action against Apple in Australia alleging the iPhone 4S violates its own patents governing mobile technology
The Federal Court has agreed to fast-track Samsung Electronics' appeal against a ban on its Galaxy Tab 10.1 as Apple goes after online sellers who are still selling the tablet despite the injunction.
Apple won an injunction against Samsung earlier this month in Australia, temporarily preventing the sale of the Galaxy 10.1 tab - a key rival to the iPad in the fast-growing tablet computer market. Apple accused Samsung of copying its iPad.
Apple is now going after them, threatening legal action. In court today Samsung sought and has been granted an expedited hearing by the Federal Court in Sydney, hoping to overturn the ban before the busy pre-Christmas shopping season. Apple and Samsung have been locked in an acrimonious battle in 10 countries involving smartphones and tablets since April, with the Australian dispute centring on touch-screen technology used in Samsung's new tablet. Apple successfully moved to block Samsung from selling its tablets in Germany and a case in the Netherlands that has forced Samsung to modify some smartphone models.
The Federal Court has granted leave to Samsung to appeal a temporary ban on the sale of its Galaxy Tab 10.1 tablet in Australia. Justice Lindsay Foster today expedited Samsung's requests for the full bench appeal during an interlocutory hearing in Sydney. Samsung argued that Justice Annabelle Bennett made an "error of law" in handing down the temporary injunction against sales of the tablet in Australia on October 13.
Lead counsel Neil Young argued that Justice Bennett had "misapplied" the judgment of the ABC v O'Neill High Court case in 2006, which she used to grant the injunction based on the possibility Apple could prove Samsung had infringed on the raised patent claims in a final hearing.
Early hearing "grossly prejudicial"
Young argued that Samsung's refusal during the initial interlocutory hearing to accept a proposal for an early final hearing had been used as a "black mark" against it in Justice Bennett's decision.
Samsung had declined the early hearing date, opting instead to continue with the interlocutory hearing which ultimately led to the temporary ban on tablet sales.
"[The November hearing] would deny [Samsung] to properly litigate its rights," Young said. Galaxy may live
The interlocutory injunction imposed by Justice Bennett would not necessarily exclude the launch of a similar tablet device.
Appeal date arguments
The opposing parties had difficulty agreeing on a court date for the appeal.
Apple pushed for the appeal to take place in February next year, citing Samsung's own arguments that a mid-October judgment against the Galaxy Tab maker effectively dampened any hopes of gaining traction with the tablet before Christmas. Potential hearing dates in November also conflicted with Samsung's interlocutory applications against the Apple iPhone 4S, which are scheduled to be heard next month in front of Justice Bennett.
Post a Comment