Apple Loses New Australian Court Bid Against Samsung Future Devices
Although Apple won a temporary injunction banning the sales of the Samsung Galaxy Tab 10.1 in Australia yesterday, apparently Apple is somewhat worried that Samsung will release future device that may possible look like Apple’s precious Apple iPad and iPhone and thus made an attempt to ban future devices by Samsung.
According to The Sydney Morning Herald, Apple’s request to stop Samsung from releasing any new tablets in Australia until such times as the patent infringement case has its full hearing, the Federal court has rejected the request.
Furthermore Apple asked that they be given advance copied of any new Samsung tablet that Samsung might launch in Australia before the full hearing, again something Justice Annabelle Bennett denied.
Although Apple won a temporary ban on the Samsung Galaxy tab 10.1 yesterday as we reported, apparently Apple lawyers told the court that they are “worried Samsung would just release a near identical product under a different name.”
The Apple counsel stated, “Samsung says Galaxy Tab 10.1, we say any tablet device. We know what may well come is another version of the tablet. It’s up to our friends as to how they name it, whether they call it the Galaxy Tab 10.1 or 10.2 or 10.1s or whatever it happens to be.”
However Samsung is of a different opinion, and obviously reject Apple’s claims and say “Your honour’s reasons dealt only with the 10.1 device … as a matter of principle your orders should only deal with the 10.1 device.”
But Apple wanted to get their claws on any future Samsung tablet ten days before Samsung proposed a tablet launch and Samsung rebutted with any such order could be considered a “rolling mandatory injunction that goes beyond the subject matter of the dispute.”
Justice Bennett told Apple lawyers, “It does seem to me not to be warranted that the sort of order that you’ve sought be applied.”
So there you have it, Apple basically wanted a ban on further Samsung tablets unless they get to seen them in advance, I’m pretty sure if the boot was on the other foot, Apple wouldn’t allow Samsung advance viewing of the next iPhone or Apple iPad, so what makes Apple such a special case?
Obviously it seems that Apple is extremely worries that rival tablets are going to eventually kick the Apple iPad from the top slot, something that will eventually come no matter how much Apple moans and cries. Basically if it isn’t Apple they don’t want anyone to have it, now or in the future.
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