Last week, Samsung proposed a deal to Apple behind closed doors in an attempt to find a way to launch its Galaxy Tab 10.1 in Australia. Samsung has delayed the device's introduction there for two months while a court has heard Apple's case for a preliminary injunction to bar Samsung from the selling the device due to infringement of Apple's intellectual property rights.
Reuters reported late yesterday that Apple has rejected the deal, pressing forward with its position that Samsung should be barred from selling the Galaxy Tab 10.1 in Australia.
"[The proposed deal] is one we don't accept and there is no surprise. The main reason we are here is to prevent the launch (of the Galaxy 10.1) and maintain the status quo," Apple lawyer Steven Burley told the court.
Samsung has been forced to delay the launch of its new Galaxy in Australia until after the court makes a ruling.
"It is not going to be achievable your honour, given the positions advanced by each party," a Samsung lawyer told the court when asked about the prospects of a settlement.
Bloomberg follows up with a new report today noting that the federal judge in the case has yet to issue a ruling on Apple's request for a temporary injunction as the hearing comes to a close, reporting that she will need a "little" time to reach a decision.
For its part, Samsung has noted that if it can not win clearance to launch the Galaxy Tab 10.1 in Australia within the next two weeks it may simply scrap the launch altogether.
Samsung is willing to abandon plans to launch the product because missing the Christmas season would result in the new tablet being “dead,” Neil Young, a lawyer representing the Suwon, South Korea-based company, told Federal Court Justice Annabelle Bennett in Sydney today.
“We’re willing to pull out all the stops to get it out by mid-October,” Young said. “We’re absolutely desperate.”
Apple and Samsung have been locked in a patent dispute ranging across a number of countries. Apple has had its most success in Australia and Germany, where it has been able to delay the launch of Samsung's products as the legal proceedings play out.