Samsung may be the Galaxy Tab 10.1 did not sell in Australia lwa. In a preliminary injunction, the judge in favor of Apple decided. The manufacturer has in various countries in cases brought for the infringement of the design right.
The court has no substantive judgment about the patentzaak, but pending a full court case in the land around the disputed patents, Samsung tablet now no longer sell. It is not known whether Samsung would appeal. The manufacturer says are options to view.
According to the court, has to bear the consequences of her decision weighed. If the Tab 10.1 in Australia would come out while there there is a full patentzaak in preparation, would Apple considerable damage may be suffered. On the other hand recognizes them also that Samsung quite a loss, as the tablet may not sell. Eventually, she decided in favor of Apple.
Apple abstained from substantive comments in this case, but repeated his earlier statement. “It is no coincidence that Samsung’s latest products are much on the iPhone and iPad seem, both the shape of the hardware as the user interface and packaging. This form of imitation is wrong.”
Previously uncommon, Apple already has several other lawsuits, including in the Netherlands and Germany. Apple filed lawsuit in Germany was not to be patents for software or technology. The iPad-manufacturer argued to the court in Dusseldorf that the similarities in the outward appearance of Samsung’s tablet with the iPad was too big. It relied on Apple on a design for the iPad in 2004, a so-called Community Design.
A Dutch court ruled earlier that the design of Apple was too general; any tablet would need to have a large screen and round corners. Otherwise, other manufacturers than Apple, concessions to the ideal design should do in order not to infringe on the design of Apple.