Samsung has agreed not to sell its latest Galaxy Tab 10.1 tablet computer in Australia until Apple’s patent lawsuit against it in Australia is resolved.
Apple told the Federal Court in Sydney yesterday that the Samsung Galaxy Tab 10.1 infringes ten Apple patents, including the “look and feel,” and touchscreen technology of the iPad.
The Cupertino, California-based company sought an Australian injunction to stop Samsung from selling the tablet in Australia because Samsung has had “announcements of an imminent launch of the Galaxy Tab 10.1 device ongoing since July 20,” Bloomberg quoted Apple’s lawyer, Steven Burley, as saying. It also wants to prevent Samsung from selling the tablet in other countries, although Burley did not name the countries.
Samsung has agreed to stop advertising the Galaxy Tab 10.1 in Australia and will not sell the device until it wins court approval or the lawsuit is resolved. The accord between lawyers from both companies were reached during a break in the hearing.
If Apple eventually loses its patent infringement lawsuit, it has agreed to pay Samsung unspecified damages.
Apple first sued Samsung in the U.S. claiming that the Galaxy tablets “slavishly” imitated the designs and technologies used for its iPad and iPhone. Samsung retaliated with lawsuits in South Korea, Japan, Germany and the U.S. The Suwon, South Korea based company supplies memory chips to Apple.
As part of the agreement submitted in court, Samsung will provide Apple three samples of the Australian version of the tablet computer at least seven days before any plans to launch it in Australia so Apple could review it, according to the agreement submitted in court. This was because Apple’s claim in Australia was based on a U.S. version of the Galaxy tablet, which is different, Neil Murray, the lawyer representing Samsung disclosed.
The Federal Court Justice Annabelle Bennett has scheduled a hearing for August 29 to review the status of the case and set a trial date if necessary.
