Galaxy Tab 10.1 Online Sellers Threatened by Apple
As you are no doubt aware, Apple was successful in getting an injunction against the selling of the Samsung Galaxy Tab 10.1 in Australia, although Samsung has appealed that injunction. However it appears that the federal court has now agreed to fast track that appeal because Apple is getting heavy-handed with Australian online sellers that continue to offer the Android slate.
According to an article on the Sydney Morning Herald, whiles local resellers are prevented from offering the Galaxy Tab 10.1several online sellers have opted to ignore the injunction and still offer he slate in Australia.
A spokesperson for dMavo has stated that the company is looking at restructuring the firm to make sure the courts cannot be used to stop them offering the Galaxy Tab 10.1 to Australian customers, with the spokesperson saying…
“At this stage we will not be responding to their [letter of demand] so as not to give them any ammo should the matter proceed to court. As you can appreciate, we’d rather spend our time evaluating the best restructure options so that we can keep on selling these tablets to the Australian public.”
Samsung has sought a speeding up of the appeals process from the federal court in Sydney hoping to have the ban overturned before the busy festive shopping season, and fast tracking of the appeal has been granted.
Justice Lindsay Foster said, “I’m quite firm of the view that the matter should proceed on the basis that the lead application be referred to a full court, that it be listed at the same time as any prospective appeal and that the matter be expedited.”
Although Apple already has an injunction in place, the injunction only stops Samsung from selling the tablet in Australia, and patent law experts say it would be fairly easy for Apple to file injunctions against individual sellers, but as many of the sellers are based in Hong Kong is isn’t clear whether Australian courts would have any jurisdiction over the matter.
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