Apple has mostly been on the winning side in its patent wars against Android device manufacturers like Samsung and HTC, but that might be about to change.
If you remember correctly, Apple had succeeded in getting a ban on the sale of Samsung’s Galaxy Tab 10.1 in Australia a few months ago. It did seem a bit harsh on Samsung, but maybe that’s what you deserve when your own lawyer can’t distinguish between your product and the product you are accused of copying.
Anyway, Samsung might still have a chance in Australia. An Australian appeals court judge has apparently questioned the fairness of the ruling which granted Apple the right to ban the sale of the Samsung tablet.
The result looks terribly fair to Apple and not terribly fair to Samsung,said the judge. Samsung has been completely shut out of the market, at least officially, leaving it open for Apple to rule.
The judge also said that the panel would consider Samsung’s request to lift the injunction next week.
Samsung said that Justice Bennett’s earlier decision to penalise Samsung in her judgment for failing to agree to an early final hearing of the case was grossly unjust.
If the injunction is lifted, Samsung could still launch the Galaxy Tab 10.1 before the Christmas season, and not miss out on millions of dollars worth of potential sales.