Samsung Offers Apple a Mystery Deal in Oz
Terms of the proposed armistice were not disclosed
By: Maureen O'Gara
Oct. 3, 2011 08:00 AM
Samsung has offered Apple some kind of deal so it can put its Galaxy Tab 10.1 on the Australian market next week, or so a federal court in Sydney was told Friday, according to reports by both the Wall Street Journal and Bloomberg.
Apple has been seeking a temporary injunction from the court to block the device from being sold. It accuses the Galaxy Tab of being a dead ringer for its own iPad in an infringement of its patents, the same thing it's told courts on three other continents.
Terms of the proposed armistice were not disclosed and Apple's lawyer Steven Burley said the company would need time to consider it. Perhaps he was just being polite since he has claimed the Galaxy would launch with the "velocity of a fire hose" - impacting iPhone and AppStore sales as well as the iPad because buyers would become "Android people." However, he did reportedly say that Samsung's "inconvenience would be diminished and we would be comforted" through the secret proposal.
Apparently it wouldn't mean a lasting end to the patent dispute, which could go to trial in weeks.
Some weeks back Samsung agreed to keep the Galaxy Tab off the Australian market until the court made a decision on a temporary injunction, or at least until the hearings this week. It wanted to put the tablet out September 30. Now because of the proposal that's not going to happen.
The court indicated Thursday that it could have its decision next week. Now that seems to be up in the air too. The judge is only promising it as soon as she can.
Samsung Thursday said it would remove two features from the Australian version of the Galaxy Tab 10.1 that allegedly infringe on Apple's patents, reducing the contested patents along with reducing the widget's functionality. Apple reportedly accused Samsung of using workarounds to avoid a full-blown trial and the chance of a permanent injunction.
As FOSS Patents notes Apple charged Samsung with a reduced list of patent violations for purposes of the temporary injunction. If they ever go to trial, more IP will be involved.
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