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An Australian judge has questioned the fairness of the Samsung Galaxy Tab 10.1 ban here following Apple claims that the device infringed on its intellectual patents. “The result looks terribly fair to Apple and not terribly fair to Samsung,” declared Federal Court Justice Lindsay Foster, at the hearing on Friday, where Samsung is looking to overturn the interim ban it was slapped with last month.
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| Fair or unfair? |
The case was heard before a three panel judge and heard how Apple allegedly engaged in underhand tactics to extend the tablet ban by refusing to go to an early trial unless Samsung agreed to certain terms, Samsung’s lawyer, Neil Young, told the court Friday.
“Her Hon. made a series of fundamental errors,” Young argued, adding “the injunction should have been refused,” referring to Justice Annabelle Bennett’s decision to forbid the sale of the 10.1 inch Android tablet here.
The consequences of being shut out from the tablet market were “final and dire” for the Koreans, Young argued.
Read: Apple Held Samsung Over A Barrel In Tab Row
According to Bloomberg, Apple’s counsel Stephen Burley was repeatedly interrupted by two of the judges, who questioned his logic on his arguments, which includes the alleged multiple patent infringements – central to Apple case for the initial granting of the injunction, as he gave his evidence.
Apple argue the decision to ban Tab 10.1 was “not in error” and not a case of her Hon. Bennett “ticking boxes.”
Samsung counsel, on the other hand, who gave evidence in the morning, was rarely questioned by the panel, which suggests the Galaxy ban could possibly be lifted – which would be a major score for the Android tab prior to the Christmas sales period.
A date for the hearing into the appeal of the preliminary injunction of the Galaxy Tab 10.1 is to be confirmed this week.
In a statement released after the case on Friday , the maker of the Galaxy 10.1, insists the Android Tab is “innovative” and vowed to do everything possible to bring it Down Under.
“Samsung will continue to assert our position that our GALAXY Tab 10.1 is innovative and does not infringe Apple’s intellectual property rights, and take all available measures to ensure our tablet device are available to consumers in Australia.”
