Update 2: The Sydney Morning Herald has managed to get more details on this legal dispute between Apple and Samsung in Australia. Apple claims that Samsung’s Galaxy Tab 10.1 is misleading customers by making representations that the Tab is the iPad/is a version of the iPad 2/has the same performance of the iPad/is manufactured or supplied by Apple/is associated with Apple/is the same quality of the iPad 2. They are demanding that Samsung destroy all stock of the Galaxy Tab 10.1 or hand over stock to Apple. Furthermore the SMH also has details of the patents Apple is citing:
Standard Patents
- 2008201540: List scrolling and document translation, scaling, and rotation on a touch-screen display
- 2005246219: Multipoint touchscreen
- 2007283771: Portable electronic device for photo management
- 2009200366: List scrolling and document translation, scaling, and rotation on a touch-screen display
- 2007286532: Touch screen device, method and graphical user interface for determining commands by applying heuristicsInnovation Patents
- 2008100283: List scrolling and document translation, scaling, and rotation on a touch-screen display
- 2008100372: Electronic device for photo management
- 2009100820: Unlocking a device by performing gestures on an unlock image
- 2008100419: Unlocking a device by performing gestures on an unlock image
- 2008101171: Portable electronic device for imaged-based browsing of contacts
Clarification 1: This agreement Samsung has made with Apple is related to not selling the US model of the Galaxy Tab in Australia. As detailed below, Samsung has also agreed to share 3 samples of the Australian version to Apple (which it will do at least 7 days prior to launching the product - which was expected for August 11). FOSS Patents speculates that sharing these models will allow “Apple to seek a preliminary injunction against” the Australian model before it goes on sale as well.
In the latest development of the patent dispute between Samsung and Apple, the Samsung Galaxy Tab 10.1 has now been delayed from going on sale in Australia whilst a Federal Court case is resolved. The Galaxy Tab 10.1 had been expected to launch just next week on August 11 down under, but after Apple pushed for an injunction on the device in Australia it seems that Samsung agreed to postpone the launch of the device.
Samsung’s lawyer noted in their court documentation that the Galaxy Tab 10.1 has some differences in Australia and have agreed to provide Apple three samples of the Australian version. As a result of this agreement between Apple, Samsung and the courts, not only will Samsung postpone the release of the Galaxy Tab 10.1 in Australia but they will cease all forms of advertising for the product.
A hearing is currently scheduled for August 29 to review the status of the case and, if necessary, set a trial date. If Apple loses the case, they would be required to pay Samsung damages as a result of the release postponement.
[Via The Next Web]
