Law & Apple: Australia Rules in Favor of Apple
Posted 10/13/2011 at 2:40pm
| by Adrian Hoppel

The Apple Patent Wars seem to be fizzling a bit, especially now that the Australian Federal Court that has sided with Cupertino. This will prove a devastating blow to Samsung, as the ruling will most likely eliminate the Galaxy 10.1 from Australia forever.
And not only are the Galaxy's dreams dashed Down Under, but the ruling will also bolster Apple's position in the remaining lawsuits against Samsung around the world. This is a huge development that puts the leverage and momentum squarely in Cupertino's court.
Apple vs. Samsung: Blue Christmas for Samsung
Bloomberg reports that Australian Federal Court Justice, Annabelle Bennett, granted Apple’s request for an injunction today, barring the sale of the Samsung Galaxy Tab 10.1 throughout the country. The injunction will remain in place until the patent dispute between the two companies is resolved following a trial.
Timing is everything here, however. Samsung has stated that the trial can’t be held until next year because of the extensive evidence to be collected, and was hoping to be able to sell the Galaxy right away in time for the holiday season. The injunction will prevent that, and by doing so, may prevent the Galaxy from ever seeing the Australian market.
Three Wise Men: "I don't think we're gonna find that Galaxy Tab anywhere around here this year."
Neil Young, a lawyer representing Samsung, told Bennett last week that if the injunction was granted the company would would scrap the release of the Galaxy 10.1 in Australia, because missing the holiday season would make the Galaxy 10.1 "dead" by the time it reached market. Young may have well been bluffing, but regardless we'll have to wait until after the trial next year to see if the Galaxy 10.1 can be resurrected or not. Samsung may also consider launching a modified Galaxy tablet, without the questionable features that are central to the dispute. Either way, this is a huge economic and public relations loss for the Korean company.
The ruling was a huge win for Apple on a larger scale as well. With lawsuits between the two companies raging around the world, all eyes were on Australia this week. Whichever side walked away the winner will certainly use the ruling to strengthen its case elsewhere, and other courts will certainly take Bennett’s ruling into consideration.
James Song, an analyst at Daweoo Securities Co., put it this way: "It’s not good news for Samsung."
Adrian writes the weekly Law & Apple column for MacLife.com. You can follow him on Twitter or subscribe to him on Facebook, if you want to.