Samsung appeals against Galaxy Tab sales ban in Australia

Macworld Australia Staff
25 November, 2011
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Samsung is fighting an injunction that prevents it from selling its Galaxy Tab 10.1 in Australia after Apple was granted the injunction, arguing that the Samsung tablet infringed its touch-screen patent.

In the Federal Court today, Neil Young QC, acting for Samsung, argued that it didn’t.

Samsung’s lawyers have begun an appeal against the ban on sales of the company’s Galaxy Tab 10.1 in Australia, claiming that the judge who granted it misunderstood the law.

Mr Young outlined differences between the Samsung product and the Apple product, including the way the touch screens processed finger movements.

He said the Apple product processed imperfect finger contact based on the angle of movement, whereas the Samsung product relied upon one vertical and one horizontal channel.

This meant the same finger action could trigger different commands in the different products, he said.

“Samsung’s method does not use an angle to determine which command is to be given.”

Mr Young said there were many competing products released by other brands including Acer, Toshiba and Motorola in the rapidly growing tablet marketplace.

Business Week reports that Samsung’s argument against the ban imposed on sales of the tablet computer, issued at Apple’s request, is that Federal Court Justice Annabelle Bennett failed to consider the “dire consequences” of preventing Samsung market and sell the device.

Bennett failed to evaluate Apple’s chances of winning its patent infringement claim against Samsung as she is required to under Australian law, Samsung’s lawyer Neil Young argued. Apple had accused Samsung of “slavishly copying” the design of the iPad 2.

Missing out on the Christmas holiday shopping season would effectively mean that the Samsung Galaxy Tab 10.1 was “dead” in the Australian market, Young said.

However, Apple’s lawyer, Stephen Burley, told the three-judge panel of the Full Court of the Federal Court of Australia in Sydney that Bennett had not made any mistakes in her judgement and that the ban should stand.

Earlier this month Justice Bennett said that in March 2012 the Australian Federal Court in Sydney will consider Samsung’s claims that the iPhone 4S infringes three of its patents and make a decision on Samsung’s demands that sales of the iPhone 4S should be banned in the country.

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