Updated: Apple rejects Samsung deal in Oz patent dispute

Apple has seemingly rejected Samsung's recent offer of a settlement deal to get the Samsung Galaxy Tab 10.1 on to Australia's shop shelves.

Update: Apple has now formally rejected the deal offer, with attorney Steven Burley saying, "It is one we don't accept and there is no surprise. The main reason we are here is to prevent the launch and maintain the status quo."

Samsung's lawyers now contend that a truce "is not going to be achievable... given the positions advanced by each party." The case rumbles on.

The deal, which Samsung put forward late last week, was dealt with by lawyers in the courtroom yesterday.

Neil Young, Samsung's attorney, told the court, "No agreement has been reached. The parties are a considerable distance apart."

Do you come from a land down under?

In response, Apple's attorney, Steven Burley, denied that the fruity company had rejected Samsung's offer. He claimed that correspondence between the two companies "were requests for details, not a rejection of the offer".

But it doesn't sound good – Burley went on to describe Samsung's deal as, "No more than a tactic to maximise the chances of Samsung launching what we would contend is an infringing product."

Cake break

He also said that the deal was offered "To ensure that Your Honour is placed in as difficult a position as possible.

"It's the desire of Samsung to have their cake and eat it too."

The terms of the deal that Samsung offered Apple have not been made public, but it seems that Samsung is pretty keen to get out of the courtroom and on to the shop floor.

The ongoing litigation between the two companies has stopped Samsung from launching the Samsung Galaxy Tab 10.1 in Australia due to Apple's accusation of the slate infringing on some of its iPad patents.

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Apple Rejects Samsung's Settlement in Australia

Apple rejected Samsung's offer to resolve their bitter patent dispute in Australia, which may lead to a ban on the South Korean company's new Galaxy tablet in that country.

The two companies are deadlocked in Sydney, where Apple is seeking an injunction to stop the Galaxy 10.1 from launching, continuing claims that Samsung's Galaxy line of smartphones and tablets "slavishly" copy the iPad and iPhone.

Samsung offered to resolve ongoing issues concerning the Galaxy's touch screen technology for a patent on finger movements' control of software commands. Apple lawyer Steven Burley said Samsung's offer, though, was not sufficient enough to bring a settlement.

"The main reason we are here is to prevent the launch [of the Galaxy tablet]," Burley said.

Samsung wanted to release the new tablet last Friday, but delayed the launch while court proceedings continued. Now, the South Korean company says it will be happy if it can have the Galaxy tablets in stores before Christmas.

"If we can't get a decision out by mid-October, there is no urgency," said Neil Young, a Samsung attorney. A delayed decision on the injunction may also delay the Apple-Samsung trial, which would mean the South Korean company's legal defense may take until March to be fully-prepared.

A court-approved injunction may mean a ban on the Galaxy until at least after the trial, if not permanently, and in that event, Young said, the new Galaxy tablet will be "commercially dead" in Australia.

The Galaxy 10.1 is already blocked in Germany, and another court in the Netherlands halted several of Samsung's smartphones in Europe, so an Australian ban would stop the device in yet another crucial market.

The Australian courts were expected to decide on the injunction this week, subject to ongoing talks between Apple and Samsung.

The patent dispute in Sydney is just one of 20 cases the companies filed against each other in nine different countries. An Australian ban, if enacted, may be a major blow for Samsung, but the South Korean company is facing an even bigger worry -- a potential U.S. ban.

A federal court in California is expected to rule on Apple's demands that the Galaxy tablet, along with three Samsung smartphones, be banned in the U.S. until a patent trial is held.

Meanwhile, Samsung is seeking bans of Apple products as well, making its own patent claims. Analysts believe Samsung may also seek a ban on Apple's new iPhone.

Such product bans are often threatened but don't always happen, since threats of bans can often force settlements between tech companies. Samsung and Apple, though, are fighting furiously to rule the smartphone and tablet market. Neither company appears to be giving up ground, and more devices could be banned as the legal battle continues.

Apple Rejects Samsung's Settlement in Australia originally appeared at Mobiledia on Tue Oct 04, 2011 10:40 am.

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