Apple, Samsung in galactic battle

APPLE Australia is demanding Samsung send it its entire stock of Galaxy Tab 10.1 devices to be destroyed as part of a battle for control of the increasingly lucrative tablet and smartphone markets. Samsung – which was set to launch the competitor to Apple’s iPad this month – has instead agreed to halt sales and advertising for the tablet following yesterday’s action in the Federal Court.
Samsung and Apple are at each other’s throats over smartphones and tablets, with the former’s Galaxy S II smartphone and Galaxy Tab tablet regarded by critics as being on par with or superior to Apple’s offerings.
Apple has $US76 billion ($A69 billion) in cash and is using this immense war chest to sue many of the competitors who are using Google’s Android platform to challenge the iPad and iPhone dominance.
”It’s no coincidence that Samsung’s latest products look a lot like the iPhone and iPad, from the shape of the hardware to the user interface and even the packaging,” an Apple Australia spokeswoman said yesterday. ”This kind of blatant copying is wrong, and we need to protect Apple’s intellectual property when companies steal our ideas.”
The suit is laced with irony as Apple is one of Samsung’s biggest customers, with the latter manufacturing flash memory for Apple and the iPad’s A5 processor.
Florian Mueller, an intellectual property expert, said Apple and Samsung were now litigating against each other in nine countries.
Apple is also targeting other makers of Google Android smartphones including HTC. The US International Trade Commission recently ruled that HTC infringed on two Apple patents. HTC has indicated it will appeal against the ruling – and has filed its own suit against Apple in Britain.
Globally, Apple’s products face significant threats from Google Android competitors, with recent figures from Canalys revealing Android has taken 50 per cent of the global smartphone market, compared with 19 per cent for the iPhone. But in tablets Apple is still the dominant player.
In the Federal Court yesterday, Steven Burley, a lawyer for Apple, accused Samsung’s Galaxy Tab 10.1 of infringing on 10 of its patents including the ”look and feel” and touchscreen technology of the iPad.
He accused Samsung of making representations ”to the effect” the Galaxy Tab 10.1:
* Is the iPad 2.
* Is a version of the iPad 2.
* Has the same performance characteristics as the iPad 2.
* Is made/supplied by Apple.
* Is of the same quality and standard as the iPad.
The Australian dispute relates only to Samsung’s tablets but it is understood that Apple could also seek to restrain the company from selling its smartphones in Australia if US courts find Samsung infringed Apple’s patents.
Justice Annabelle Bennett scheduled a hearing for August 29 to review the status of the case and set a trial date if necessary.


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