While Apple’s efforts to attain an injunction against Android-based Samsung products in the US remains up in the air, Apple’s legal action against Samsung in Australia has proven to be a success thus far.
You might remember that Samsung this Summer voluntarily took their Galaxy Tab 10.1 off the market in Australia and promised to avoid any advertising efforts for the device before September 30th when an official hearing on the matter was scheduled.
With that date now behind us, Justice Annabelle Bennet said last week that she may grant Apple a temporary injunction against the Samsung Galaxy Tab 10.1 until she has time to further review Apple and Samsung’s respective arguments.
Following that, the WSJ reported that Samsung had offered a deal to Apple that wouldn’t settle the case, but would allegedly comfort Apple in the interim while allowing Samsung to have their tablet out on the market in time for the Christmas shopping season. While some assumed Samsung’s offer included a tweaked Android interface that would appease Apple, it was also reported that the deal would have ensured an expedited court hearing.
While we aren’t privy to the details of that offer, it’s all a moot point in light of the fact that Apple flat out rejected Samsung’s offer.
Apple lawyer Steven Burley explained, “The main reason we are here is to prevent the launch (of the Galaxy tablet) and maintain the status quo.”
Samsung, meanwhile, is itching to get its tablet out on the market soon.
Samsung told the Sydney court that if it could not secure a ruling within about two weeks, the opportunity to launch its new tablets in time for Christmas would be lost and that it might as well take its time to argue the case well into 2012.
“If we can’t get a decision out by mid-October, there is no urgency,” said Neil Young, a lawyer for Samsung, adding that it might take until March to fully prepare its legal defense.
In that case, he added, the Galaxy 10.1 in the Australian market would be “commercially dead.”
While Samsung likes to make boastful statements about their ongoing litigation with Apple, I wonder how long before Samsung begins to feel the pressure of Apple’s full on legal assault. Remember, Samsung has already suffered legal setbacks in the Netherlands and in Germany where the Galaxy Tab 10.1 was recently pulled, rather abruptly, from a tradeshow.
With a hearing in the US regarding Samsung’s alleged patent infringement scheduled for next week, things are going to get mighty interesting real soon.