By: Andrew Colley
Source: http://www.theaustralian.com.au
THE federal court is expected to decide next week whether it will lift a ban on the sale of Samsung's Galaxy Tab 10.1 in Australia.
Apple won a temporary injunction from the court mid-October banning the sale of the tablet computer ahead of a trial that will test claims that the Korean company breached technology patents in its touch screen devices.
However, Samsung today put its case to the federal appeal court that the temporary injunction was unjustified and should be dissolved.
Samsung's lawyers argued that primary judge Justice Annabelle Bennett erred in applying legal tests for injunctions.
In particular, they argued that Justice Bennett's ruling did not weigh the strength of Apple's evidence that it had a prima facie case of patent infringement and its prospects of succeeding at a trial sufficiently.
The company's lead barrister told the court that Apple's evidence needed to be weighed more stringently to take account of the short life-cycle of technology devices in the market
The Korean company argued that it was so short that the injunction was "akin" to a final ruling against Samsung.
They argued that the court needed to give more consideration to whether Apple's patents would ultimately be valid.
The appeal was the latest step in a complex pattern of aggressive patent litigation between Apple and Samsung raging around the world.
Here, Apple brought action against Samsung over the Galaxy Tab 10.1 in July.
Samsung has since responded by seeking a retaliatory injunction on the sale of Apple's iPhone 4S in Australia, on grounds that it contained communication chips that infringed its patents.
Samsung also sought injunctions on the sale of the iPhone 4 and iPad 2 in Japan, but it has since dropped its claims against the handset in that jurisdiction.
The patent war brought to an end a long-standing agreement between Apple and Samsung not to sue each other for breaches against their respective patent portfolios.
Apple is believed to hold in excess of 300 patents.
Apple's claims against Samsung in Australia primarily concern patents on interface controls in its touch screens.
Samsung and Apple are currently battling it out over their products in courts in Britain, the US, Japan, South Korea and Europe.
Source: http://www.theaustralian.com.au/australian-it/court-to-rule-in-apple-samsung-patent-breach-case/story-e6frgakx-1226206459029
Source: http://www.theaustralian.com.au
THE federal court is expected to decide next week whether it will lift a ban on the sale of Samsung's Galaxy Tab 10.1 in Australia.
Apple won a temporary injunction from the court mid-October banning the sale of the tablet computer ahead of a trial that will test claims that the Korean company breached technology patents in its touch screen devices.
However, Samsung today put its case to the federal appeal court that the temporary injunction was unjustified and should be dissolved.
Samsung's lawyers argued that primary judge Justice Annabelle Bennett erred in applying legal tests for injunctions.
In particular, they argued that Justice Bennett's ruling did not weigh the strength of Apple's evidence that it had a prima facie case of patent infringement and its prospects of succeeding at a trial sufficiently.
The company's lead barrister told the court that Apple's evidence needed to be weighed more stringently to take account of the short life-cycle of technology devices in the market
The Korean company argued that it was so short that the injunction was "akin" to a final ruling against Samsung.
They argued that the court needed to give more consideration to whether Apple's patents would ultimately be valid.
The appeal was the latest step in a complex pattern of aggressive patent litigation between Apple and Samsung raging around the world.
Here, Apple brought action against Samsung over the Galaxy Tab 10.1 in July.
Samsung has since responded by seeking a retaliatory injunction on the sale of Apple's iPhone 4S in Australia, on grounds that it contained communication chips that infringed its patents.
Samsung also sought injunctions on the sale of the iPhone 4 and iPad 2 in Japan, but it has since dropped its claims against the handset in that jurisdiction.
The patent war brought to an end a long-standing agreement between Apple and Samsung not to sue each other for breaches against their respective patent portfolios.
Apple is believed to hold in excess of 300 patents.
Apple's claims against Samsung in Australia primarily concern patents on interface controls in its touch screens.
Samsung and Apple are currently battling it out over their products in courts in Britain, the US, Japan, South Korea and Europe.
Source: http://www.theaustralian.com.au/australian-it/court-to-rule-in-apple-samsung-patent-breach-case/story-e6frgakx-1226206459029
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