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.

galaxy tab 10 1 revised
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.

Top Rated Comments

FaustsHausUK Avatar
157 months ago
You realize that their infraction here was basically making a tablet in the shape of a rectangle, right?

Don't be silly. If that were the case, Apple would have sued basically everyone who makes a tablet.

The issue is that...

- The TouchWiz skin has icons and design embellishments that were intentionally made to resemble the appearance of iOS. Most notably in the application tray.
- Their chargers, cables and certain other accessories were clearly designed to look like those used by Apple products (although in black, not white, because colour totally changes everything).
- The fascia of the device was designed to resemble the iPad as closely as possible (and it is more than just "it's a rectangle" - I have owned many televisions that are essentially rectangles, but their fascias were distinct).
- Their packaging and marketing materials were designed to ape those of the iPad so the devices appear similar side by side on store shelves.

Also at play is the fact Samsung's TouchWiz and other Android enhancements feature patented software solutions to problems including, but not limited to, correcting accidentally touches. While we can argue that such things should not be patentable, they presently are and so Apple are entitled to pursue infringements.

We can all have our opinions on how the law is broken and how stupid the legal action might be, but Apple are not operating illegally, and the justice system clearly agrees with them on many of their points if they are granting injunctions.
Score: 7 Votes (Like | Disagree)
ouimetnick Avatar
157 months ago
If Samsung innovated instead of copying, they wouldn't be on these shoes. My advice to Samsung... Innovate, don't steal!
Score: 6 Votes (Like | Disagree)
byke Avatar
157 months ago
Wow. Despite all the talk that this was just a delay, it may be that Apple really has killed the Galaxy Tab 10.1.

Apple haven't killed it, local law has done that since Samsung has breached such law and been found guilty of doing such.

While it may hamper consumer choice, the same could be said as any counterfeit goods.
Score: 5 Votes (Like | Disagree)
Skika Avatar
157 months ago
So Apple owns Australia. Competition may be good for the consumer, but monopoly is good for profits.

Not dumping on Apple - any company would envy their position.

Too bad for consumers...:(


Its good for consumers. Maybe companies will think twice now before just copy & pasting Apple products and actually innovate or a least come with original ideas.
Score: 4 Votes (Like | Disagree)
ouimetnick Avatar
157 months ago


Shameful, Apple. If you can't make a better product then you sue them? "Maintain the status quo" says your lawyer? What happened to you? The Apple that I love would have ignored Samsung and blew them out of the water with newer better products.

Absolutely shameful.

So if you worked you arse off on a great selling product, and another person ripped you off in terms of design of the tablet, cable, charger, and OS, and caused a loss of income, would you simply worked your arse off more, to create another better device or sue for violating your patents, and simply complying you?:rolleyes:
Score: 2 Votes (Like | Disagree)
dodgerbluetx Avatar
157 months ago
So Apple owns Australia. Competition may be good for the consumer, but monopoly is good for profits.

Not dumping on Apple - any company would envy their position.

Too bad for consumers...:(

I think everyone would agree that multiple copycat companies ripping off products from a single company is bad for consumers.
Score: 2 Votes (Like | Disagree)

Popular Stories

Multi Display CarPlay 1

All-New Apple CarPlay Launching Later This Year With These 5 New Features

Friday September 29, 2023 11:29 am PDT by
At WWDC 2022 last year, Apple previewed the next generation of CarPlay, promising deeper integration with vehicle functions like A/C and FM radio, support for multiple displays across the dashboard, personalization options, and more. Apple said the first vehicles with support for the next-generation CarPlay experience would be announced in late 2023, but it has still not shared any additional...
iPhone 15 Pro lineup

Apple to Address iPhone 15 Pro Overheating Issue With iOS 17 Update

Saturday September 30, 2023 9:28 am PDT by
Apple plans to release an iOS 17 update to address a bug that may contribute to the reported iPhone 15 Pro and iPhone 15 Pro Max overheating issue, according to a statement the company shared today with MacRumors and Forbes reporter David Phelan. Apple also says some recent updates to third-party apps have overloaded the system and contributed to the overheating issue. The report notes that...
iphone se 4 modified flag edges

iPhone SE 4 Details: Action Button, USB-C Port, Face ID, and More

Wednesday September 27, 2023 1:34 pm PDT by
Significant changes are expected to arrive with Apple's fourth-generation iPhone SE, in terms of both design and hardware, MacRumors has learned. The iPhone SE 4, known internally under the codename Ghost, is expected to receive a new design derived almost entirely from the base model iPhone 14. According to our sources, the iPhone SE 4 will use a modified version of the iPhone 14 chassis...
BMW Logo iPhone 15 Pro

Warning: BMW Wireless Charging May Break iPhone 15's Apple Pay Chip

Sunday October 1, 2023 6:14 am PDT by
If you have an iPhone 15 and drive a BMW, it might be best to avoid charging the device with the vehicle's wireless charging pad for now. Over the past week, some BMW owners have complained that their iPhone 15's NFC chip no longer works after charging the device with their vehicle's wireless charging pad, according to comments shared on the MacRumors Forums and X, formerly known as Twitter. ...
iPhone 16 Side Feature

iPhone 16 and 16 Pro: Preliminary Weights and Dimensions

Friday September 29, 2023 12:34 pm PDT by
MacRumors has obtained preliminary information on the weights and dimensions planned for the iPhone 16, iPhone 16 Plus, iPhone 16 Pro, and iPhone 16 Pro Max. The information corroborates previous reports suggesting that the iPhone 16 Pro and 16 Pro Max will feature larger displays. iPhone 16 and 16 Plus Current information suggests that the iPhone 16 and 16 Plus will maintain the same...
CarPlay SharePlay

CarPlay Not Working for Some iPhone 15 Users, Possibly Because of USB-C Cables

Friday September 29, 2023 2:27 pm PDT by
CarPlay is not working as expected for some iPhone 15 users, an issue that is likely linked to the transition to USB-C. There are multiple complaints from MacRumors readers and Reddit users who are unable to get CarPlay to work with their new devices. Cable type and available port options are a common theme in the CarPlay reports, with many of the functionality problems linked to USB-A to...
iPhone 15 USB C Port Keynote

Some USB-C Power Banks Fail to Work With iPhone 15

Thursday September 28, 2023 2:06 pm PDT by
Apple added a USB-C port to the iPhone 15 lineup this year, allowing it to work with USB-C cables, USB-C power banks, and more. It turns out that some USB-C battery packs are not working properly with Apple's iPhone 15, resulting in charging issues. As highlighted on Reddit and the MacRumors forums, not all existing USB-C power banks can be used with the iPhone 15 models, perhaps due to the...