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Friday, 09 December 2011 12:21

Apple's patent trollage walloped down under

Written by Nick Farell

apple

Judge lets Samsung flog tablets this Christmas

Apple's attempts to use the legal system rather that compete with rivals on the basis of having a better product have failed down unders.

Jobs Mob had a cunning plan to keep the Samsung Galaxy Tab off the shelves with an injunction until it became out-of-date. A lower court
gave it an injunction and Samsung appealed.

The Higher Court said that the injunction was wrong in a case where the product had such a short shelf life, and besides there was a chance that Samsung would win a patent case if it was allowed to present all the evidence. Apple has insisted that it owns the rights to everything that is flat, black and rectangular.

Jobs' Mob appealed the Federal Court decision. It was not likely it would win but it at least kept the Samsung Tablet off the shelves for another week in the run up to Christmas. The High Court did not change its mind and so Aussies will be able to buy the Tab for Christmas after all.

In the High Court today Apple's lawyers claimed that the original judge was correct in granting the injunction against the Galaxy Tab. The Federal Court analysis in overturning the ban was "replete with error" and maintained the original judge conducted the proper analysis.

One of the judges today said Apple only won the original ban by the "skin of its teeth" as Samsung was penalised for refusing to agree to an early final hearing.

More here.

Nick Farell

E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
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Comments  

 
+4 #1 Kryojenix 2011-12-09 12:52
Hahahaha! Excellent! :D
 
 
+4 #2 darkpulse 2011-12-09 17:12
Apple should have been fined and pay samsung a billion dollars for the losses they bought to them. Seriously, it sickens me how apple uses such anti-competitive methods to gain the upper hand. If apple cannot make good products, let them get the hell out of the market and let the others do the job. If i were the judge, i would have apple products banned for sometime for anti-competitive practices.
 
 
+3 #3 bene 2011-12-10 00:45
http://www.heise.de/newsticker/meldung/Schwere-Schlappe-fuer-Apple-im-Patentstreit-mit-Motorola-1393064.html

to add to a good day

or to everyone not from that brilliant country ;)
http://translate.google.de/translate?sl=de&tl=en&js=n&prev=_t&hl=de&ie=UTF-8&layout=2&eotf=1&u=http%3A%2F%2Fwww.heise.de%2Fnewsticker%2Fmeldung%2FSchwere-Schlappe-fuer-Apple-im-Patentstreit-mit-Motorola-1393064.html
 
 
0 #4 pogsnet 2011-12-10 05:13
Apple has become like Intel...

Maybe all big company do everything just to be on top.
 
 
+1 #5 Orumus 2011-12-10 18:26
I agree, this type of patent trolling needs to be punished with the only thing big companies understand, huge fines. It's not just apple any company that tries to stifle innovation through patent trolling needs to be punished severely and quickly.
 

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