Samsung Australia Agrees to Second Galaxy Tab Blackout

Samsung won’t be selling or advertising any Galaxy Tab 10.1s in Australia before September 30. The Korean company agreed to a second blackout reportedly at the urging of a court down under that thought it would be right stupid for Samsung to follow through on its plans to field an allegedly different Australian version of the widget the week of September 12 only to have to withdraw it if Apple prevails at a formal hearing set for September 26 and 29 to sort out Apple’s motion for an injunction. Samsung followed through on its commitment to deliver three copies of the so-called modified Australian model of the Tab to Apple last week and, according to the Sydney Morning Herald, Apple thinks the device still infringes on at least two of its patents. As FOSS Patents case watcher Florian Mueller expected the modifications cost Samsung some functionality – well, at least according to Apple’s lawyers. Samsung’s lawyers say not. Florian says “The whole story of the Australian product being ‘different’ enabled Samsung to delay a formal decision by a month, and today Samsung was apparently afraid of a formal court decision against it and therefore agreed to delay the product launch once again. At this point Samsung can claim that it entered into this agreement ‘voluntarily,’ although it’s clear to an increasing number of people that Samsung is under serious pressure. But formally, an agreement is always voluntary, unlike a court ruling against someone’s opposition.” Apple is now supposed to explain to Federal Court Justice Annabelle Bennett, who owns an iPad, exactly what patents the reworked Samsung gismo infringes by September 2 and get into more detail by September 5. The Morning Herald said that “top executives and inventors from both Apple and Samsung may appear in person or over video link to explain their patents.” Samsung, meanwhile, is threatening to bring a countersuit against Apple’s iPad as well as challenge the validity of Apple’s patents. In a separate case Samsung Germany is forbidden to sell the Galaxy Tab 10.1 anywhere in Europe.

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