As per the terms of a recent agreement which Apple has won from its rival Samsung Electronics, the company based in South Korea will not be allowed to sell its latest Galaxy Tab 10.1 in Australia until the companies work out a resolution for a patent lawsuit filed in the country. The Galaxy tablet allegedly infringes upon 10 Apple patents, which include the touchscreen technology and the touch and feel of the Apple iPad, said Steven Burley who is the Apple lawyer.
Apple wanted an injunction in Australia along with orders banning the sales of the Samsung tablet in other countries as well, said Burley. However he didn’t specify which countries it wants it to be banned in. Samsung has agreed to Apple’s terms as the company will not advertise or sell the Galaxy Tab 10.1 in the country until the court reaches a decision on the issue. If Apple happens to lose the patent infringement suit, however, it has agreed to pay damages to Samsung, without specifying the actual amount it will pay.
The tablet dispute between the two former partners began this April when Apple accused Samsung of blatantly copying the design and technologies used in the iPhone and the iPad in its Galaxy devices. Samsung, one of the chief suppliers of memory chips for the California-based Apple, came back with its own lawsuits in Japan, South Korea, US and Germany. Before the announcement of the agreement between the two companies, Burley had said that the injunction in Australia was important as the announcements of the launch of the Galaxy Tab 10.1 had been doing the rounds since July 20.
These claims from Apple are based wholly upon the version of the Galaxy Tab which is on sale in the US, which according to the Samsung lawyer is not the same as the device which will go on sale in Australia, said Neil Murray, the Samsung lawyer. The agreement, which was submitted in the court, says that Samsung will provide Apple with three samples of the tablet it plans to launch in Australia a week before they are released so that the company can review them. A hearing has been scheduled by Bennet on the 29th of August for reviewing the status of the case and also for setting up a trial date if necessary.
