Samsung Wins Tablet Appeal Against Apple - Injunction Overturned

It's been an epic struggle between two heavyweights of technology, but today a full bench of the Federal Court overturned the injunction on Samsung's Galaxy Tab 10.1 Australian release. That doesn't mean the battle is over though.

Within minutes of the verdict being handed down, Apple has made clear its intentions to appeal the decision to the High Court, which will obviously drag out the legal dispute well into 2012. Naturally Apple also wants to suspend the verdict until the appeal so the injunction stays in place. The Court conceded to Apple and issued a stay of orders until 4pm on Friday afternoon, allowing the Cupertino company to lodge its appeal with the High Court.

It's a messy, messy situation. We'll have more when we hear it...

Statement from Samsung Electronics Australia

Samsung Electronics Australia is pleased with today’s unanimous decision by the Federal Court to lift the preliminary injunction on sales of the Samsung GALAXY Tab 10.1. We believe the ruling clearly affirms that Apple’s legal claims lack merit.

We will make an announcement regarding the market availability of the GALAXY Tab 10.1 in Australia shortly.



    It's a bit of a moot point. The damage has already been done.

      Yep. At this rate the Galaxy Tab 10.1 will be officially released about the same time as iPad 3. But then again, by that time most likely Samsung will have a new Tegra 3 tablet ready to go.

      The only reason Australia matters is that it could set a precedent, it's not as though Samsung is hurting from lost Australian sales. No doubt Samsung will take as much time as it needs to shore up its position in Australia, which supports its position elsewhere in the world.

        You're underestimating this. What you're missing is the ability for Samsung to claim all damages from loss of sale of the device.

        This isnt about the tablet, Samsung are just making sure that now Apple are down, they're kicking hard where it hurts.

    Die Apple die..!!!

    A win for Samsung is a win for humanity itself!

    It's a good day to be alive.

      ... really? I mean... really?

        -1. Apple are leading us down a dark stagnated road of technology. Any win for Apple is a loss for the industry as a whole.

        Competition is a key driver in keeping markets healthy, When the market-share leader is defending its position through legal means, it generally gets painted as "the big bad wolf".
        In the ensuing media aftermath, regardless of the outcome the smaller competitor generally is painted in a good light while the market leader suffers negative sentiment.

        I would be happy to see Apple protect all of its *IP* but with any market leader (see the battle between ford-holden, intel-amd, nvidia-ati, all electronics manufacturers) engineers at the rival companies reverse engineer the products to learn their secrets and develop ways to either mimic or surpass their competitor.
        I wont get into details but if the samsung 10.1 breaches IP for being too "similar" to the ipad we may have problems in the electronics market in the future as similar functioning and looking items will be the target of lawsuits, tying down our legal system and reducing competition resulting in higher costs for equipment.

          I may have interpreted that comment incorrectly. I read it as "Every time Samsung succeeds in anything, Humanity succeeds with them!"

            Or you could read it as: "Anyone who beats back apple with a stick furthers the progress of a fundimentally darwinian ecosystem."

            The original post may not have been elequant, but t did highlight that technology plays a part in the development of humans as a species. Being on board with the understanding that 'borrowing' and developing ideas accross a broad plane leads to mutations and variations which both diversify the pool and lead to bigger better things. What Apple is doing is like spraying a forrest with napalm. Technological genocide. "Some Men Just Want To Watch The World Burn"

              I don't even know where to start with this comment.

                How about. "You are right, and I accept that I fail to look at the big picture when perpetuating my blind fanboyism"

                  I'll go with "You are right because I can't be bothered aruing any further because I really don't care".

            Im not a samsung fanboy. I just enjoy competitive environments.
            I think that with technology, IP battles are flawed due to relevance issues. Far too many times i see court battles that have been going for 15 years or more over software that has been reduntant our outdated for more than 10.
            In essence, the ipad is a computer, as is all mobile phones (they just have a wireless communication chip different to personal computers) what the customer is buying is the opportunity to utilise the IP software of the manufacturer.
            You want to know what chips they use in these machines, they are all third party chips designed by texas instruments and the like. EVERY TAB MANUFACTURER USES A COMBINATION OF THIRD PARTY CHIPS. therefore the fundamental operation of these devices cannot be patented.
            So essentially the real battles that ensue are the ip battles over what in there is actually owned by the manufacturer.
            A key of this is the software, but software is incredibly hard to prosecute in america so these companies regularly apply for some of the most ridiculous patents involving the chips that make up a device.

        Oh yeh, BENDTU, it really is.

      + 1

      i would be glad to be alive when apple falls

    Apple, stop this lame act. pff

    This is a great opportunity for Samsung to work overtime to get ICS on the 10.1 and launch it with that.

      Excellent response.

        The 10.1 originally ran stock before getting TouchWiz, I really don't see any reason they couldn't do it again.

    What a waste of resources. So the High Court has to now spend its time to decide if an apple ipad looks like a samsung galaxy tab and, if it does, whether its worth being bothered about it.

      Actually as much as Apple would like it to be about a look, it can't be. You can't patent a look or design (closest you get are trademarks),.

      They're actually fighting over 2 claims, patent 2005246219 claim 6 (the idea of multi touch) and patent 2007286532 claim 1 (a list of commands a touch screen computer might contain.

      After reading them, I'm fairly certain I could find some Star Trek episodes using all of them on their PADDs.

    Sweet - now I can sell my iPad and get one of these bad boys. No more freakin iTunes.

    The Galaxy what?

      It's all right. You'll catch up eventually


      I love all the butthurt Samsung / Android fanboys in here. :p

        No, actually we are laughing in your face.

      It's like an iPad, but it's not an iPad!

        No , it's not like an Ipad. If that was the case I wouldn't buy it. Do you get sick of being a stupid manipulated Apple F'Boy? The Apple board must piss themselves laughing every time they launch something because idiots like you will just blindly buy any piece of crap.


          It's funny because the Samsung lawyers thought the "piece of crap", as you call it, was the samsung galaxy when both were held up side by side. Ha ha. If it looks like crap, it must be samsung, right? Thats what they thought anyway. Hey, they're your lawyers, spit on them. I hope you're loving your fragmentation. Got your ICS yet? Oh, thats right, nothing works with it. lol.

            At least my Galaxy 2 I can still see the screen outdoors.
            Whats that? I cant hear you because of all the antenna issues ...

    It's a good time to be a patent lawyer. Especially if you ever wanted to own an island in the pacific.

    ...and the winner is... the lawyers!!! all the way to the bank baby.
    Samsung could just release another tablet, but that's not the point.

    I wonder what kind of adds samsung will make if they win

    Pity I already was planning on the Transformer Prime.
    and before people scream 3G... Tethering, look it up.

      Agreed. I don't want a product that is trying to compete with the iFad, I want one that works for me. The Transformer Prime is perfect for me.
      Also sure it's nice to have 3g or 4g data in the device but really, I have my phone with me always and there is wifi for free. Quite happy with that thanks and not paying more money to various telcos.
      The thing that people forget about with the transformer is not having 3g it won't be a carrier crippled exclusive. To me that's the kiss of death to a product.

    Does this mean Apple will be liable to compensate Samsung? Not sure how that works.

    Seems odd to say "We screwed up an earlier verdict, please give them money" though.

    This will give Samsung enough time to have a look at the iPad 3 and the reported AppleTV and copy them to get to market as soon as they can. It's the Samsung way, of course! Anyone who thinks stealing IP is cool, get a real job. If they're so good let them come up with the next "great device" instead of copying everything else. I wonder how those Samsung executives on bribery charges are going????

      Hey mr Fanboy, Apple copies everything. All they do is market, patent and design it in a pretty way.
      I used to love apple products but their greed and world domination mentality is not acceptable to me. Yes Samsung needs to stop trying to emulate Apple and go their own way. Use the product that suits you, not what the marketing department says you should use.

        Correction. They buy everything.

      apple didn't invent the tablet they didn't invent the touch screen they just patented heaps of crap about how your finger touches the damn things personal i think if it was a real patent about some useful technology and not how you touch things i would say good on them bring on the law suits but they cant handle some real competition so they just sue the pants off anyone who makes anything even remotely close to something they make and i would say ask siri about the Samsung bribery suit but it still doesn't work in aus yet fully lol Samsung FTW android all the way bring on ice cream sandwich and galaxy nexus

        I can't remember reading anywhere stating Apple invented the first tablet, or mouse but stupid people keep spewing this tripe as an excuse to cut down Apple. Never let the truth get in the way of a rabid rant of fandroid zealot, ay? On another note, three Samsung executives are on charges of bribing government officials and senior executives of rival companies. Sounds like a real honourable company. Just admit it, Samsung can't innovate balls. Copy copy copy, that is all. Even their packaging and advertising is identical to Apple and other rivals. I'm glad your happy with your mediocre replicas, really I am. But at least be honest enough to admit Samsung can't innovate, you'll have more credibility. I'll put my money on a company that has constantly put up product over 25 years, not a 5 minutes wonder that uses carbon paper to produce its ideas. Cheers

          See now this is funny because your two posts here were right next to each other... One where you try to pull someone to your level by calling them a "fandroid zealot" and then the next one is calling someone childish for calling you a fanboy... Make up your mind. And now onto your rant about Samsung not being innovators. You realise that Samsung designed chips are used in many Apple products right? and that Samsung were one of the first companies to design implement and release a dual-core handset months before Apple realised they had a product that was being far outstripped by other companies products and played the catch up game. But it's ok because they released Siri. Because no-one had voice control before that... oh wait... I will admit Siri is interesting in a "check this out man I can say things to my phone and it replies" way, of course you have to be happy to talk to your phone in public which is something most Iphone users love it gives them another chance to show people they have an Iphone. Really the funniest thing I have read from you was referring to someone else being affected by a "reality distortion field" you do realise that that term was coined to describe Steve Jobs' ability to make people believe anything right? I think you should hang up your keyboard (I'm guessing its incredibly expensive and has a command key)and go home. Maybe to a Apple forum or something they'll love you there I'm sure.

      nod77 is correct. patent laws need to pass 3 criteria, fair play, non obviousness and novelty. Look it up. I studied this recently. Copyright is for an expression of an idea and patents are basiclaly for devices. Guess what you cant patent a rectangle! Apple have no REAL patents when it comes to phones or touch screens. they bought the company that made it for them . they use samsung parts and hav ehtem assembled in a factory known for its high rate of suicide because they are miss treated and under paid, but hey nets will catch them. yeah really, go apple. Apples are only good to eat. The really need to look at the patents office in america because they are not assessing them correctly.

    Ouch, I'm a fanboy. That's original. I'll need to go to the burns ward now. (You should know by now you look like an idiot when you use such childish terms). Nobody holds a gun to your head and says "but Apple" champ. There's a choice. So you agree stealing other peoples stuff is ok? Remind me not to invite you around anytime soon. Apple hasn't stolen anything they didn't barter for (sorry to burst your distortion reality field). Samsung have for in IP thieft. I'm happy you like their work. Remember it was someone else's first.

      Posts like this make me sad.


        It makes me fear for the future when there are people this blinded by shiny things.

      kroo, you really have no idea what your talking about. sit down and play with your little defective phone. Apple have you and many other brainswashed thinkning they invented technolgoy. Guess what... they didnt. oh and Steve Jobs didnt invent anything, he paid eveyrone else to do the work for him. Steve Jobs, the biggest marketing personality, but highly overrated person and CEO. his company was bought out by apple because they were almost bankrupt. yeah he really knows what he is doing. lets make a few pretty things, tell everyone that it is the latest technology and people will believe it because it looks pretty. sound slike dumb blonde syndrome to me. first iphone, no internet tethering, man i could do that on my old nokia. wow they have a touch screen and push mail. oooh aaah. Apple ultimately will loose because they have no leg to stand on, they still eveyrone elses tehc and claims as their own by changing it slightly and try to patent. by by apple, you should call your self apple juice now because you will be squashed!

    Too late. Eee pad transformer prime is coming out.
    Good example of a tablet that doesn't look like iPad btw.

    Just go get your ipad and rip all the Samsung hardware out if you hate Samsung that much.

      Who's that directed at? Everybody here is celebrating.

      Butthurt tbh.

    I'm gonna buy me one of these just so I can at least FEEL like I'm poking Apple in the eye.
    Aahhhhh. Just thinking about it gives me a buzz.
    I'm so NOT lining up at the store though. Will order on line and have it hand delivered to ME.

    All this means nothing. Apple already did the most damage by halting the release and further complicating things by appealing Samsungs successful appeal which will only drag it out further. While all this is happening......

    Asus is about to release the Transformer Prime which decimates the Galaxy Tab and essentially will make the Galaxy not even worth a consideration once the Prime is on the shelves. Apple still wins. Sad yes....Fact? yes.

      In fact, the Prime looks set to decimate all tablets. I'm very interested but will hang back to see how it all pans out for a couple of months. It's a pity the Android store doesn't quite live up to the iTunes store for choice and quality otherwise it's a no-brainer to get one of these beasts.

    Kogan are selling them again as of a few minutes ago

    If apple lose the highcourt appear, would Samsung be able to sue them for damages in regards to stopping them from selling in Australia?

      no, because it was the courts that allowed the injunction in the first place. Perfectly legal and above board, supposedly. They cannot be penalised for that.

Join the discussion!