Australian High Court denies Apple appeal, Samsung Galaxy Tab on sale next week

“Samsung’s Galaxy Tab 10.1 will be on sale ‘next week’ after the High Court today denied Apple’s request to appeal an earlier decision overturning the ban on the device,” Asher Moses reports for The Sydney Morning Herald.

Today’s decision was critical as if Apple was granted special leave to appeal against the decision the Samsung tablet would most likely never see the light of day, as by the resolution of the case it would have been overtaken by newer products,” Moses reports. “In a telephone interview after today’s ruling Samsung Australia vice president of telecommunications, Tyler McGee, said he was pleased with the outcome. ‘It’s fantastic for us and also for the consumers in Australia who now have the opportunity to play with the Galaxy [Tab 10.1].’ Samsung’s tablet would be available to take home from stores ‘towards the latter part of next week,’ he said.”

Read more in the full article here.

MacDailyNews Take: Justice is indeed blind. And deaf. And dumb.

So, rejoice, discerning Aussies, you now have the ability to ignore a derivative piece of shit like the rest of us.

Again, what’s the point of innovating if your inventions can simply be stolen at will and sold for years before the “legal system” catches up, if it ever does?

Regardless of glacial and fallible courts and judges, we consumers can swiftly exact a measure of justice on our own:

Boycott Samsung. We no longer buy Samsung-branded products and advise our millions of readers worldwide to also avoid purchasing Samsung-branded products until they cease stealing Apple’s patented IP.

Apple’s products came first, then Samsung’s:

Samsung Galaxy and Galaxy Tab Trade Dress Infringement


      1. Or this case got to Judges with Samsung Galaxy S smartphones.

        I mean in essence nothing has changed since summer. Samsung Galaxy Tab did not become any less similar to iPad — “from head to toe”.

        This this blatant rip off can not be rationally excused — unless there is personal preference and (or) monetary incentive.

  1. A sad day indeed. No Virginia, there is no Santa Claus. The was one once but he finally got fed up of all the people copying his North Pole home, his elves, his reindeer all the time claiming them for themselves. He turned his back on this world in disgust and stays at home and plays with his iPad.

    1. I madam, have no tattoos whatsover. Nor do I have any interest in the tattoo business. Australians however must have pretty good taste – considering how many Apple stores there per capita for a country with a population of just over 21 million. Please don’t judge us Australians by our government appointed judges.

      1. I appreciate the sentiment, Oz. If the entire population of a country could be legitimately judged by the actions of a single person combined with a stereotype, then the U.S. would fare very poorly, indeed.

  2. Pathetic. All that hard work, planning and money spent by apple to develop such amazing products for us wasted. These Asian copy machine companies just waltz right in and courts side with their illegal activities.

    1. Wasted? Nah. Samsung, even with time, money, and now free reign, still can’t build a tablet anyone wants to buy — and certainly not one that compares. The patent may have been a waste, but the iPad a world-changing triumph.

      Even with the spineless courts unwilling to step in where anything real is at stake, Apple still wins, and so do we.

    2. It isn’t wasted as long as Apple is pulling in the majority of the revenue and profits.

      Besides, even if Apple eventually goes down, its products made a game-changing difference in personal and mobile technology. No one can take that legacy away, regardless of the copying and FUD.

  3. I am not a Samdung fan in any way, shape or form. But to emphasize how stupid (vs. ignorant) they are: Samsung’s tablet would be available to take home from stores ‘towards the latter part of next week,’ he said.” So now they will sacrifice another 7 days in the busiest retail season of the year? Dumass stupid…

    1. Not their choice. Until this ruling came down, Samsung was not able to ship them to Australia. You think Samsung can teleport them from Korea to have them on the shelf today?

      As for a boycott, I’m sorry, but i will always buy the best product and Samsung makes the best televisions on the market today. There is a reason Apple has been using them for displays. Too bad Sony has turned to cr@p.

      1. Well, yes and no. Samsung’s HDMI is complete junk–devices which make my samsung flash green/crackle and require it to be turned off/on work fine with LG and Sony. Don’t even think about asking for a fix from samsung for this problem.

        And my Bravia is definitely not crap.

  4. Not surprised at all!

    I wish Apple would stop dickin around with the snails paced patent/IP litigation and go for the throat.
    Do a better job of “Search” which is.., “Ads” which is ….. WHERE THE MONEY IS! Fsck it…… use Googles code Algorithms what ever else of thiers they need. 10 years to litigate. It will be all old news. If you win they appeal, if they win you appeal! There’s another ten years. Shit even the ITC (quick way) is too sucking long!
    Tried proper!…. Now get it done!

    Stealing IP seems to work for others.

    just my $.02


    1. Sadly, this isn’t the case.
      I hear otherwise seemingly intelligent people at work who see me with my iPad and then go on to proudly tell me that they are going to get a Galaxy this or that.
      Price doesn’t seem to be the driver, they just don’t want an Apple product for some obscure reason I haven’t been able to determine.
      The funny thing is they show up with it in the lunchroom and can’t get it to do something basic and they ask me how to do it. I walk over and watch them struggle for awhile and say “Sorry, I don’t know.” and go back to actually using my device.

      1. When they tell you they’re getting a Galaxy whatever, say “Huh? Why do you hate yourself?”

        And when they ask for help, say “Well, I’m stumped. That never happens on an iPad…”

        Might not make them to see the light, but at least it’ll annoy them 😀

    1. Dominate, no. But I find it comical for a pro Apple web site to not only advertise for the competition, but have Flash imbedded too. Seems the person(s) running this site care less about the pro Apple image than the almighty dollar.

  5. I’m sure Samsung is counting on pent up demand due to customers being denied the opportunity to purchase the Galaxy tablet. I wonder what they’ll do with the Tsunami of returns once customers find out what the Galaxy tab is really like?

  6. Judging by the Galaxy Tab’s er, popularity, in other markets, Apple would have been better leaving it to a fate of its own making. Apple might have a moral right to defend its IP, but it’s damaging the company’s public image.

    1. “… it’s damaging the company’s public image..”
      I suspect the power structure at Apple has SOME sense of what they’re doing and a strategy behind it. So they choose not to abandon what you call a “moral” right, which they might call corporate property rights. This field is like the gold rush was in it’s earliest days. First guy there stakes his claim. Blood, sweat and tears got him there, and in R&D mountains of money and people hours and talent and creativity got them there with a new twist or design or system. If you let people rip you off, you open the door for other squatters who then can claim you never complained before. This is not ‘let’s just get along’ time. I’m pretty doubtful someone wanting an iPad is not going to buy it because Apple is pursuing theft of design with Samsung.

  7. This is just a hiccup in the long patent court process folks. Samsung may well be able to sell their Galaxy tab for now, but they still have to go through a full court hearing over the various patent issues. This story has a long way to go yet. If they don’t win this one, then I am sure Apple has plenty of other patents waiting in the wings to battle them with. Its a slow battle which I hope Apple comes out and wins with. Once they do – I hope they get significant reparations for all the lost income over the course of these years. The cynic in me says probably not.

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