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
124 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
124 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
124 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
124 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
124 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
124 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)

Top Stories

samsung experience 1

Samsung's 'iTest' Lets You Try a Galaxy Device on Your iPhone

Thursday April 8, 2021 12:42 pm PDT by
Samsung has launched "iTest," an interactive website experience that's designed to allow iPhone users to test out Android on a Galaxy device, or "sample the other side," as Samsung puts it. Subscribe to the MacRumors YouTube channel for more videos. The iTest website is being advertised in New Zealand, according to a MacRumors reader who came across the feature. Visiting the iTest website on...
sonny 2021 ipad mini pro dummies

Leaked Dummy Units Show iPad Mini 6 With Thick Bezels and Home Button, New iPad Pro Models

Thursday April 8, 2021 2:11 am PDT by
Rumors suggest Apple will release refreshed versions of the iPad mini and iPad Pro models in the first half of this year, potentially as soon as this month, and a new leak today has provided us with a possible preview of what to expect in terms of the devices' overall design and camera prospects. Tech leaker and Apple blogger Sonny Dickson this morning shared images on Twitter showing dummy ...
apple music for artists new icon

Apple's Revamped Apple Music for Artists Icon Leads to Speculation About iOS 15 Design Plans

Tuesday April 6, 2021 1:03 pm PDT by
Apple yesterday updated its Apple Music for Artists app with some minor bug fixes and improvements, but also one other notable change -- a new icon. New icon on the right The Apple Music for Artists app now features a simpler, streamlined icon with a pinkish red music logo rather than the multicolored logo that was used before. The icon also has an embossed look that makes it stand out from...
apple find my network

Apple Announces Find My Network With Support for Third-Party Devices

Wednesday April 7, 2021 10:06 am PDT by
Apple today announced the launch of its Find My network accessory program, which is designed to allow third-party Bluetooth devices to be tracked in the Find My app right alongside your Apple devices. According to Apple, the first accessory companies to take advantage of the new Find My integration include Belkin, Chipolo, and VanMoof, with devices set to be available beginning next week. ...
new m1 chip

M1 Mac RAM and SSD Upgrades Found to Be Possible After Purchase

Tuesday April 6, 2021 5:34 am PDT by
Technicians in China have reportedly succeeded in upgrading the memory and storage of the M1 chip, suggesting that Apple's integrated custom silicon for the Mac may be more flexible than previously thought. Reports of maintenance technicians being able to expand the memory and storage of M1 Macs began circulating on Chinese social media over the weekend, but now international reports have...
Intel MBP Is Thin and Lighjt

Intel Ad for 'World's Best Processor' Features a MacBook Pro

Wednesday April 7, 2021 9:51 am PDT by
Intel has been on a relentless marketing drive against Mac computers in recent weeks, positioning them as inferior to Windows laptops powered by Intel processors. In a slight slip-up, however, Intel has accidentally used a MacBook instead of a Windows laptop in one of its newest ads to promote one of its new 11th-generation chips as "the world's best processor." The ad appeared on Reddit and ...
tmobile 5g modem

T-Mobile Launches Unlimited 5G Home Internet for $60/Month

Wednesday April 7, 2021 2:18 pm PDT by
T-Mobile today hosted an Un-carrier event where the company announced the launch of a a new 5G home internet plan, which is priced at $60 per month and offers unlimited data. The service is available to more than 30 million Americans across much of the United States, including 10 million households in rural areas not typically able to access reliable broadband. Connectivity will be either 4G ...
iMessage Android featured

Apple's Rationale for Not Bringing iMessage to Android Revealed in Legal Documents

Friday April 9, 2021 2:22 am PDT by
It's no secret that Apple sees iMessage as a big enough selling point to keep the service exclusive to Apple devices, however new court filings submitted by Epic Games in its ongoing lawsuit with the company reveal just how Apple executives have rationalized their decision not to develop a version of iMessage for Android. Apple clearly recognizes the power that iMessage has to keep users...
14

Apple Seeds Seventh Betas of iOS 14.5 and iPadOS 14.5 to Developers [Update: Public Beta Available]

Wednesday April 7, 2021 10:04 am PDT by
Apple today seeded the seventh betas of upcoming iOS 14.5 and iPadOS 14.5 updates to developers for testing purposes, with the new beta updates coming one week after Apple released the sixth iOS and iPadOS 14.5 betas. iOS and iPadOS 14.5 can be downloaded through the Apple Developer Center or over the air after the proper profile has been installed on an iPhone or iPad. iOS 14.5 is the...
ipad pro and macbook pro

iPad and MacBook Production Reportedly Delayed Due to Global Chip Shortage

Thursday April 8, 2021 2:31 am PDT by
Apple is facing a global shortage of certain components for some of its MacBook and iPad models, causing the Cupertino tech giant and its suppliers to postpone production of the products, according to a new report from Nikkei Asia. According to the report, MacBook production is being hindered due to the shortage of chips mounted onto the circuit board before final assembly, which is a key...