Annabelle Bennett

Apple today before a Sydney court rejected Samsung’s seemingly practical proposal calling for the removal of certain Galaxy Tab 10.1 capabilities in exchange for a smooth tablet launch in Australia. Samsung reportedly agreed to take out the feature which ignores unintended touches on the home screen to prevent apps from being launched accidentally. Apple, it appears, instead wants a definite ruling on a temporary Galaxy Tab 10.1 injunction, which should be expected later this week.

If the court sides with Samsung, it gets to launch its iPad rival in Australia in time for Christmas. If not, the case drags out into another year, possibly without a clear winner in sight. Remember, Samsung threatened to ban sales of the new iPhone in Korea the instant it launches. Apple is scheduled to unveil their next iPhone at a media event today in the Cupertino headquarters at 1pm ET, 10am PT. The event is headlined under the “Let’s talk iPhone” tagline, suggesting that the rumored Assistant feature will be in the focus, among other things.

Lawyers for the Cupertino, California-based Apple insist the Galaxy Tab 10.1 “is vastly the one that is going to be targeting the iPad 2”. According to Reuters, Apple lawyer Steven Burley made it clear that “the main reason we are here is to prevent the launch and maintain the status quo”. Note: The Wall Street Journal provides a live blog of today’s court hearing. Such a legal maneuvering on the part of the iPhone maker suggests that Apple isn’t interested in settling its dispute with Samsung out of the court unless, of course, unexpected legal setbacks arise.

This is the second blow in two weeks to Samsung’s efforts to make peace with Apple, its largest buyer of components such as NAND flash chips, custom-designed iPhone processors and displays.

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Apple in August secured a temporary ban on Samsung’s planned Galaxy Tab 10.1 release in Australia. Today is the first day of a two-day hearing over the matter and Federal Court Justice Annabelle Bennett said she needed more time to dive into Apple’s claims before she ruled on Apple’s request for an injunction.

Bennet observed that “technology moves very quickly”, adding that “it would be in both sides’ interest to have this matter finalized quickly”. The development could further push the launch of the Galaxy Tab 10.1 in the country. Per Bloomberg:

At today’s hearing, Apple focused on one alleged patent infringement, relating to the touch screen technology of the iPads. Samsung had agreed not to fight Apple’s claim that the Galaxy 10.1 uses zoom technology that infringes its patent.

Meanwhile, it’s business as usual for Apple’s fierce competitor from Korea, which counts the Mac maker as its biggest customer. Just as they announced channel shipments of ten million Galaxy S II smartphones worldwide (and expecting to ship as much tablets in 2011), Samsung in Korea took the wraps off the Galaxy S II HD LTE which features a native 720p display and fourth-generation LTE radio technology. Samsung also raised stakes in the legal spat with Apple by threatening to go after the yet unannounced iPhone 5 in both Korea and Europe as soon as Apple put the handset on sale. More importantly, the company has made an important ally in Verizon Wireless in the United States which voiced support for Samsung in the Apple case. Also…

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The latest in the ongoing legal dispute between Apple and its key components supplier, Samsung, comes via Bloomberg which reported this morning that Apple may be pushed into revealing iPad 2 sales numbers in England and America if the company is to increase chances of the Samsung Galaxy Tab 10.1 blockage in Australia:

Apple Inc. may have to reveal iPad and iPad 2 sales figures in the U.K. and U.S. to improve its chances of barring Samsung Electronics Co. from selling the Galaxy 10.1 tablet computer in Australia, a judge said. Apple’s claim that the Samsung tablet’s release in Australia will hurt iPad sales may carry little weight if it doesn’t provide the numbers, Federal Court Justice Annabelle Bennett said in Sydney Federal Court today. ‘Unless Apple puts on evidence showing the impact in the U.S. or U.K., I can’t draw any positive assumptions,’ Bennett said.

Apple sought an injunction on Samsung’s tablet in Australia until the patent spat is resolved. Apple is claiming that the obvious similarities between Samsung’s family of Galaxy smartphones and tablets are hurting their sales. Apple in prior court documents referred to Samsung as the “copyist”. Recently, Samsung in America asserted Apple ripped off the iPad design from the Stanley Kubrick 1969 film “2001: A Space Odyssey” to argue Apple’s patents should be invalidated under prior art. Judge Bennett would leave it up to Apple to determine whether or not it would be willing to provide court with sales figures. Whichever way you look at it, that’s an interesting twist in this litigation…

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