Publishing/Writing: Insights, News, Intrigue

08/29/2011

Apple iPad vs Samsung Galaxy – Who’s Infringing Who? – More Intrigue


Samsung Galaxy Tab 10.1

Growing intrigue in the tablet computer world! The two best tablets on the market are jostling for position and sales … with each throwing accusations at the other RE copyright infringement.

Apple, scared stiff of the more advanced Android based OS of the Galaxy, started firing infringement violations at Samsung and now Samsung is shooting back with counter copyright infringement lawsuits against Apple.

Neat. I am looking forward to the resulting best, cutting edge solution for the consumer.

Latest developments by Luke Hopewell for ZDNet:

Samsung fires back in Apple Oz Galaxy suit

Update In the latest developments in the ongoing patent saga between Samsung and Apple, Samsung today revealed a plan to countersue Apple for patent infringement within its flagship iPad tablet while pledging to push back its official launch date to the end of next month.

Legal representatives from both parties met for a directions hearing in the NSW Federal Court today, where barrister David Catterns, acting for Samsung, revealed to the court a plan to countersue Apple once the case made it to trial.

“Our cross claim will include a cross claim of infringement for a number of our patents that have been infringed by their [Apple’s] iPad,” Catterns told Justice Annabelle Bennett today, adding in a statement that its counter-claim would also encompass the Apple iPhone.

Apple Australia originally sued Samsung after it felt that the gadget maker was infringing on its patents in its upcoming Samsung Galaxy Tab 10.1. Samsung contested the allegation, saying that Apple Australia was basing its claims on the US version of the Galaxy Tab 10.1. The two parties at the time agreed to an undertaking that would see Samsung hold its shipment of the Australian version of the Galaxy Tab 10.1 until Apple had the chance to study three of the units, seven days before the proposed release of the device to market.

Apple Australia told the court that it had received the units last Thursday, and had until this Thursday to complete its investigation. Representatives acting for Apple Australia told the court that they had found two patents that Samsung had allegedly violated, in the investigation process, that support the Apple case. Apple Australia has also added another patent to the laundry list of existing alleged infringements.

The interlocutory relief originally agreed to in the legal stoush expires on Thursday, with the court hearing that unless Apple can acquire further relief in the case, Samsung could easily launch its tablet on Friday.

Catterns, acting for Samsung, told the court that the company had intended to release the device on the week of 12 September, most likely on the Thursday or Friday, but, due to uncertainty in the legal proceedings, Samsung agreed to push the release of the Galaxy Tab 10.1 until the week of 30 September to allow for legal action to proceed. Samsung also agreed that it would give Apple Australia 48 hours’ notice before releasing the device to market.

Catterns added that any further interlocutory relief in the form of an injunction would be inappropriate and biased against Samsung, adding that Apple has failed to submit any real evidence to the court support its case.

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