By Claire Reilly (Follow me on Twitter)
SYDNEY, NSW: Apple has won an injunction preventing Samsung from selling its new Galaxy Tab 10.1 device on the Australian market, following claims by Apple that the device was a ‘blatant copy’ of the iPad. The judgement was announced in the Federal Court today by Justice Annabelle Bennett, who has been presiding over the intellectual property hearing.
Samsung has issued a statement in response to the judgement, saying it would continue to defend its intellectual property rights.
"We are disappointed with this ruling and Samsung will be seeking legal advice on its options," the statement read. "Samsung will continue its legal proceeding against Apple‘s claim in order to ensure our innovative products remain available to consumers.
"This is a part of our ongoing legal proceeding against Apple’s claim. Samsung is also confident it can prove Apple's violation of Samsung's wireless technology patents through a cross claim filed on September 16, 2011 with the Federal Court of Australia, New South Wales.
"Our wireless standard patents are essential for mobile business. We will continue to legally assert our intellectual property rights against those who violate Samsung’s patents and free ride on our technology."
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Apple originally took Samsung to court in August, claiming that the Tab 10.1 stole the design and user interface of the Apple iPad.
“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,” said Apple’s director of corporate communications, Fiona Martin.
“This kind of blatant copying is wrong, and we need to protect Apple's intellectual property when companies steal our ideas.”
Samsung responded to the proceedings with a statement saying that the company still planned to release the Tab 10.1 on the Australian market.
“Apple Inc. filed a complaint with the Federal Court of Australia involving a Samsung Galaxy Tab 10.1 variant that Samsung Electronics had no plans of selling in Australia,” the statement read. “No injunction was issued by the court and the parties in the case reached a mutual agreement which stipulates that the variant in question will not be sold in Australia.
“A Samsung Galaxy Tab 10.1 for the Australian market will be released in the near future. This undertaking does not affect any other Samsung smartphone or tablet available in the Australian market or other countries.
“Samsung will continue to actively defend and protect our intellectual property to ensure our continued innovation and growth in the mobile communication business.”
Today’s injunction looks set to further spoil plans for the release of the Tab 10.1 into the Australian market, with the delay eating into the important pre-Christmas retail sales period.
Current.com.au contacted Apple for a statement, however the company declined to add further to its previous comments.
Samsung’s original press image for the Galaxy Tab 10.1, released just four days before the original court proceedings began.