Apple vs. Samsung patent trial kicks off in Australia; likely to run until well into 2014

“Apple Inc. and Samsung Electronics Co. began the latest round of their long-running global patent war on Monday as an Australian judge started hearing evidence for an anticipated three-month long trial,” Jane Wardell reports for Reuters.

“Apple and Samsung have been locked in an acrimonious battle across 10 countries involving smartphones and tablets since April 2011, with the Cupertino, California-based company filing a suit in Australia saying the touch-screen technology used in Samsung’s new Galaxy 10.1 tablet violates Apple patents,” Wardell reports. “Mark Summerfield, a patent lawyer and senior associate with Melbourne-based law firm Watermark, said ‘there’s no doubt there’s a strategic and psychological effect’ attached to the Australian case. ‘Courts in other countries will watch what is happening here,’ he said.”

MacDailyNews Take: Courts in other countries should not give a rat’s ass what other countries courts find or don’t find. Different systems of government, different political systems, different – *ahem* – laws, etc.

Wardell reports, “Samsung won an early round of the Australian litigation when it succeeded in overturning an injunction on the sale of its Galaxy 10.1 tablet in Australia just before Christmas last year. But Apple won a heavyweight U.S. round when a judge banned the sale of both Samsung’s Galaxy 10.1 tablet and the Galaxy Nexus phone ahead of a formal trial there. Patent cases are also pending in Britain and Germany.”

“Summerfield said that unless the two companies come to a global settlement, the Australian case is likely to run until well into 2014 as an appeal to any ruling at the end of the current trial ‘is a 100 percent certainty,'” Wardell reports.

Read more in the full article here.

MacDailyNews Take: The case is likely to run until well into 2014. Wonderful. Tens of millions more stolen products from Samsung will be sold and placed in to the hands of the ignorati for which Apple will likely never be fairly compensated when the molasses-laden legal systems of the world finally ooze to a halt.

The sooner Apple opens a second front in this war and begins to really hit Samsung where it hurts by removing them from their multibillion dollar supply chain, the better. Apple should have done so long ago.

4 Comments

  1. The problem is that Samsung is the largest and cheapest provider of many Apple parts. They are also different divisions and report thru different channels.

    Also, Apple is slowing getting more producers certified on products so that they can move away from Samsung as time moves forward.

    Just saying….
    en

  2. MDN’s take on this reflects a typical American jingoism. Courts around the world will usually consider decisions by courts in other jurisidictions, even if they don’t automatically accept them as precedents. Despite differences in laws, much of the evidence and legal argument will apply, especially in patent law. By reviewing the decisions made by their counterparts in related actions, courts can save time and avoid missing points of law which might otherwise be raised in an appeal. Patent law is largely similar everywhere, because patents are internationally applicable. A court is quite capable of ignoring those aspects of a patent suit which reflect minors differences in local law. Apple generates more than 50% of its business from non-US sales, so the international defence of its patents is vital. It would not be in Apple’s interests if courts around the world were encouraged to ignore decisions elsewhere.

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