Apple Loses Australian Injunction Bid

From DailyTech: Apple, Inc. seemed on a roll over the last month in the worldwide patent war it initiated last year against Samsung Electronics Comp., Ltd. Its blitzkrieg earned crushing victories in Australia and Germany. But much like the German blitzkrieg in World War II was abruptly derailed at the Battle of Stalingrad, Apple's bid for global tablet and smartphone supremacy via banning its competitors with litigation has abruptly stalled.

Yesterday a U.S. judge stated that she was likely going to deny Apple's request for a preliminary injunction, at least on the technology grounds. And another key loss for Apple was reported yesterday in Australia.

Apple's lawyers tried in court to argue that all Samsung tablet releases should be banned, not just the Galaxy Tab 10.1. Stated the Apple counsel, "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."

But Samsung's lawyers said this would lead to its Galaxy Tab 7 and Galaxy Tab 10.1v (which Apple has not explicitly targeted yet in this region) being banned.

Apple wanted Samsung to have to submit all new products to it at least 10 days in advance, giving it time to ban them. Samsung's lawyers blasted this suggestion, referring to its as a "rolling mandatory injunction" and stating, "Why should Samsung be put in a different position to any other trader in the marketplace, which is to give advanced warning so as to confer some process of effective pre-approval in the hands of its competitor?"

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