It doesn’t look good for the Samsung Galaxy Tab 10.1 in the land down under. Justice Annabelle Bennett, read from a summary judgement text in Sydney Australia Thursday.  She said that she weighed both sides of this patent argument to see who would suffer more while the entire patent case is being prepared.
Bennett said she felt that if the Samsung Galaxy Tab 10.1 were to be released while the full patent case was being prepared the damage to Apple would be significant. She did weigh in on the other side suggesting that Samsung would suffer lost revenues if the Galaxy Tab 10.1 was pulled off the shelves.
More after the break
The balance of convenience is almost exactly the same however Bennett said in this case the balance of convenience falls in favor of Apple.
In the Australian patent case Samsung was willing to go back to the drawing board and eliminate certain features that Apple says they lay claim to, and release a whole new version of the Galaxy Tab 10.1 just for Australia.  Apple balked at that deal and pushed on in court.
Samsung released the following statement in regards to the judges ruling:

We are disappointed with this ruling and Samsung will be seeking legal advice on its options. Samsung will continue its legal proceeding against Apple’s claim in order to ensure our innovative products remain available to consumers.
This is a part of our ongoing legal proceeding against Apple’s claim. Samsung is also confident it can prove Apple’s violation of Samsung’s wireless technology patents through a cross claim filed on 16 September 2011 with the Federal Court of Australia, New South Wales.
Our wireless standard patents are essential for mobile business. We will continue to legally assert our intellectual property rights against those who violate Samsung’s patents and free ride on our technology.
source: ZDnet Australia


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