SYDNEY: The global fight between Apple and Samsung continues and this time the case is strong in Australia, where the Apple Inc has filed petition against Samsung Galaxy Tab 10.1 for violation of 7 patents under ipad. The lawyers for Apple Inc has mentioned that the sales of Samsung tab with these violations might interfere the market for ipad and hence should be banned.
Steven Burley, the advocate for Apple Inc, mentioned that "They ought to clear the way in advance rather than attempt to crash through". Apple is seeking justice in the Federal Court Justice Annabelle Bennett to prohibit the sale of Samsung's Galaxy 10.1 tablets in Australia.
The dispute had started as a part of the dispute which happened in US between the two companies. The Cupertino, California based Apple Inc had blamed Samsung of imitating slavishly the designs and technologies of its iphone and ipad models. Samsung countered by filing cases in South Korea, Germany and Japan.
According to statistics, Apple's ipad does have 73% of the market sales this year and the android based models including Samsung have just 17% hold in the market. Samsung, a Suwon, South Korea based company has now delayed their sales in Australia and is waiting on Bennett's rule on the complaint.
Apple lawyer, Burley claim that Samsung currently infringe 10 patents on design on its US model, the 'downsized' model that is set to be released in Australia still infringe 3 of Apple's patents. However, David Carterns, lawyer to Samsung mentioned that the version to be released in Australia is not a 'reduced functionality' model.
Samsung has also counter-filed against this petition on September 17 mentioning that ipad and iphone does infringe seven of its patents on wireless communication standards.
A German judge had banned the sale of Samsung Galaxy 10.1 earlier this year following the infringement case filed by Apple, and the Apple Inc also won the case to draw injunction on the sale of Samsung 7.7 which is a much more smaller tablet PC. This had forced Samsung to withdraw the product from IFA Consumer electronics show held at Berlin earlier this month.
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