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Post by trog @ 12:05pm 09/12/11 | 31 Comments
Just in from Triple J news - an ABC reporter just called in from today's High Court deathmatch between Apple and Samsung to reveal that Apple have lost their last-ditch appeal to try to stop Samsung from being able to sell their Galaxy Tab Android tablet here in Australia.

Some more details are now available on the ABC website; it sounds like good news for those eagerly hanging out to check out Samsung's tablet offerings.

Samsung immediately bounced out a prepared statement:
As the High Court has today rejected Apple’s leave to appeal, Samsung Electronics Australia is pleased to announce the highly anticipated Samsung GALAXY Tab 10.1 will be available in stores in time for the Christmas shopping period from a RRP of $579 (16GB WiFi variant) and a RRP of $729 (16GB 3G variant).

Samsung Electronics Australia is pleased with today’s judgment by the High Court of Australia to deny Apple’s request to appeal the decision of the Full Court.

The Full Court of Australia decision on November 30 clearly affirmed our view that Apple’s claims lack merit and that an injunction should not have been imposed on the GALAXY Tab 10.1.



applegalaxysamsungappeal





Latest Comments
Eorl
Posted 12:07pm 09/12/11
Yessss!
Mosfx
Posted 12:10pm 09/12/11
Good, Samsung should sue Apple for being d****
darkjedi
Posted 12:10pm 09/12/11
http://www.gizmodo.com.au/2011/12/apples-high-court-appeal-rejected-samsung-galaxy-tab-10-1-on-sale-by-christmas/

Samsung's official statement from the above article:

As the High Court has today rejected Apple’s leave to appeal, Samsung Electronics Australia is pleased to announce the highly anticipated Samsung GALAXY Tab 10.1 will be available in stores in time for the Christmas shopping period from a RRP of $579 (16GB WiFi variant) and a RRP of $729 (16GB 3G variant).

Samsung Electronics Australia is pleased with today’s judgment by the High Court of Australia to deny Apple’s request to appeal the decision of the Full Court.

The Full Court of Australia decision on November 30 clearly affirmed our view that Apple’s claims lack merit and that an injunction should not have been imposed on the GALAXY Tab 10.1.


Ouch. Should be some exciting times ahead for those waiting for this to finally come out.
Term
Posted 12:11pm 09/12/11
I want to buy one now, just cuz apple are d****
DK
Posted 12:12pm 09/12/11
Do Samsung get some sort of compensation?
darkjedi
Posted 12:17pm 09/12/11
From what I've heard, Apple has been ordered to pay full cost of court for both parties. This is only for the injunction though, however I wouldn't be surprised if Samsung do turn around and seek damages for lost revenue etc.
Eorl
Posted 12:20pm 09/12/11
Haha, bleed the Apple, make it bleeeeed!
Raven
Posted 12:22pm 09/12/11
Fannnnntastic. So will Apple be liable for damages/losses from that period where Samsung were disallowed from selling the product here? Because they would obviously have shipped 4 million units in the period alone.
fade
Posted 12:23pm 09/12/11
Do Samsung get some sort of compensation?

no.
E.T.
Posted 12:31pm 09/12/11
The Tab will start at $579 for 16GB with Wi-Fi only


They are more expensive than I thought. Ipad2 is only $509 from Kogan.

I might pick up a xoom for $392 from JB HiFi. They seem ok (unless someone has heard otherwise)

Hang on, I'm confused. Kogan has the Samsung Galaxy Tab 10.1 for $489. Thats the same item we are talking about here right?
http://www.kogan.com.au/shop/samsung-galaxy-101-16gb-wifi-grey/
deadlyf
Posted 12:31pm 09/12/11
Allowing a company to stop another company from selling a product without first proving that it has indeed infringed any kind of copyright or patent seems pretty ass backwards. It's whatever system that allows that to occur that is at fault IMO, not necessarily the companies that take advantage of that system.

Not that Apple aren't a bunch of d****.
They are more expensive than I thought. Ipad2 is only $509 from Kogan.
And the Galaxy is only $489 at Kogan, you didn't think to look that up?
fade
Posted 01:15pm 09/12/11
Let's clarify a few things ITT.

Apple is suing Samsung, alleging infringement of IP/patents.

Apple obtained an interlocutory injunction - that is an order which maintains the status quo until the proceedings are determined.

Samsung appealed the interlocutory injunction and won.

The only situation whereby Apple will pay damages is if it is found that (a) Samsung did not infringe patents; and (b) samsung has suffered loss of profits as a result of the interlocutory injunction.

That question is a long way off.
trog
Posted 01:25pm 09/12/11
The only situation whereby Apple will pay damages is if it is found that (a) Samsung did not infringe patents; and (b) samsung has suffered loss of profits as a result of the interlocutory injunction.
b) follows a) though, right? Our patent laws (from what little I've seen locally, I mostly follow US stuff because it's so mesmerizingly terrible) seem to be a bit less retarded so it seems quite possible to me that they'll be found not to be infringing.
paveway
Posted 01:32pm 09/12/11
teq weeps
fade
Posted 01:41pm 09/12/11
b) follows a) though, right? Our patent laws (from what little I've seen locally, I mostly follow US stuff because it's so mesmerizingly terrible) seem to be a bit less retarded so it seems quite possible to me that they'll be found not to be infringing.

Yes. Very much. I just wanted to clarify that nothing will flow from today's special leave application (or indeed, last week's FCFCA appeal).
Hogfather
Posted 01:44pm 09/12/11
Yes. Very much. I just wanted to clarify that nothing will flow from today's special leave application (or indeed, last week's FCFCA appeal).

Aside from tablets.
slamma
Posted 03:11pm 09/12/11
good job.greedy apple f**'s
skythra
Posted 03:39pm 09/12/11
They are more expensive than I thought. Ipad2 is only $509 from Kogan.

I might pick up a xoom for $392 from JB HiFi. They seem ok (unless someone has heard otherwise)

Hang on, I'm confused. Kogan has the Samsung Galaxy Tab 10.1 for $489. Thats the same item we are talking about here right?
http://www.kogan.com.au/shop/samsung-galaxy-101-16gb-wifi-grey/

How are you confused, you compared an RRP with a discount seller's price, and then when you compared the discounted versions, you saw that the tab was still cheaper.

It should make perfect sense. The RRP of the ipad2 is more expensive than the RRP of the galaxy tab. The discount of the ipad is more expensive than the discount of the galaxy tab.

Where are you confused?
E.T.
Posted 03:42pm 09/12/11
I just wasnt sure if it was the same item or not. I'm not up on the Android tablet range ATM.
Is that ok?
skythra
Posted 04:34pm 09/12/11
sorry for replying to your post which was asking a question! gee
Nathan
Posted 04:35pm 09/12/11
I'm sure we'll see some specials putting them around the $500 mark
Darkhawk
Posted 05:32pm 09/12/11
What a bunch of c***masters wasting money on pointless, anti-competitive lawsuits. Both are just as bad as each other, self-destructive nonsense.
m3nt4l
Posted 05:26pm 10/12/11
Terrible news for Apple: The competitor Motorola has before the Regional Court of Mannheim obtained a patent decision by which he can stop the sale of iPhones and iPads in Germany. Apple immediately announced to take legal action against the verdict and said: "When Christmas shopping in Germany, there should be no problem to get the iPhone or iPad, the customers want."


http://www.sueddeutsche.de/digital/gerichtsurteil-gegen-apple-motorola-darf-den-verkauf-von-iphones-und-ipads-stoppen-1.1231053
DK
Posted 05:36pm 10/12/11
ooh s***. It's on. I think this is going to make much bigger news than the samsung ban.
m3nt4l
Posted 05:38pm 10/12/11
Yeah, a lot more potential customers in Germany than here. I love the Apple quote, isn't that what they were trying to do with Samsung? :P
Timmeh
Posted 12:12pm 11/12/11
mentals link in engrish

Terrible news for Apple: Motorola Wins a procedure at the District Court of Mannheim - now the company could theoretically sell the iPhone and iPad ban in Germany can. Apple believes that its products are still in this country are among the Christmas trees.




Terrible news for Apple: the rival Motorola before the Regional Court of Mannheim obtained a patent decision by which he can stop the sale of iPhones and iPads in Germany.
A Droid phone is seen displaying the Google search page in New York Enlarge photo

Motorola may stop the sale of iPads and iPhones - which would not only its own products, but also the potential new owner Google's credit. (© Reuters)

Apple immediately announced to take legal action against the verdict and said: "When Christmas shopping in Germany, there should be no problem to get the iPhone or iPad, the customers want."

According to the verdict text that was published on Friday by the German patent expert Florian Mueller, Apple is prohibited from offering mobile devices and deliver, in which a patent technology is used, which is used for data transmission via GPRS.
Display

Against a security deposit of € 100 million Motorola can carry out the sentence accordingly. The court could first request on Friday to give any information on the status of the proceedings.

German courts still more patent process run with Motorola's stake. Google is about to take over Motorola for 12.5 billion dollars, in order to better protect the patents of his pioneer mobile smartphone operating system Android against attacks from rivals such as Apple and Microsoft can.

Apple had used in its computers from Motorola chips for many years before 2005, the company unexpectedly made a pact with Intel.

Samsung recently had to retract point victory against Apple. There are worse for Apple in China: A court said, according to media reports, the monitor manufacturer Proview Technology iPad to the right on the mark. Proview will now obtain a ban on the Apple Tablet in China.
Opec
Posted 01:50pm 11/12/11
One company taking on the whole industries. Not really a good move by Apple as the tides are now turning against them, sure they have a pile of cash but it's not infinite and it's a terrible distraction, I wonder now that Jobs' gone they will be less litigious ?
m3nt4l
Posted 09:04pm 11/12/11
It is a EUROPE WIDE ban:


http://gizmodo.com/5866646/motorola-wins-europe+wide-sales-ban-against-ios-devices

Motorola has successfully sued Apple in Germany, paving the way for a Europe-wise sales ban on basically all iOS devices.


The patent in question relates to core cellular technology and is described in the court document as "method for performing a countdown function during a mobile-originated transfer for a packet radio system". If the ruling is upheld, Apple must either remove this technology from their devices or pay a hefty licensing fee. There is also a question of payment for past infringement. Motorola Mobility must now decide whether or not they will enforce this ban immediately. Naturally, Apple is going to appeal the case, but the injunction is already enforceable. If Moto opts to do so, they must cough up a $134 million bond, in case the verdict is overturned in appeal. Apple wanted the bond set at $2.7 billion citing the massive losses it would take, but here, too, the judge sided with Moto. It seems that Apple is suddenly getting a ta
qmass
Posted 10:13pm 11/12/11
samsung didn't waste any time getting advertising out. papers this weekend had full page ads with something like "the tablet apple tried to ban" at the top.
WetWired
Posted 10:58pm 11/12/11
should just get an asus transformer instead
Captain Lateral
Posted 12:30am 12/12/11
Terrible news for Apple:

1) iPhone and iPad get banned for sale over Christmas over Europe
2) Apple fan boys go ballistic about no iPhone for Christmas.
3) ???
4) patent laws get an overhaul and they fix the system so this sort of s*** stops.

might not be all bad.
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