By Kim Yoo-chul
The Federal Court of Australia in Sydney ruled against a request in a lawsuit filed by Apple to ban the sale of Samsung’s Galaxy Tab 10.1 tablets, Wednesday. The decision will be effective from 4 p.m. Dec. 2.
Samsung welcomed the decision. “We respect the ruling from Sydney. Samsung will do its best in our fight against Apple,” said Kevin Jeong, a senior spokesman for the company.
This is a meaningful victory for Samsung Electronics as it lost two similar cases in Germany and the Netherlands.
Attention is being shifted to whether the latest decision will have an impact on a court ruling in France. On Dec. 8, a court in Paris will rule on Samsung’s request for a complete sales ban on the Apple iPhone 4S, there.
Samsung is fighting Apple over patents in some 30 cases in nine different countries. Chief executive Choi Gee-sung said Samsung is set to spend $200 million in its legal battle with Apple throughout next year.
Samsung Electronics Australia has begun getting Tabs from its parent firm and setting up logistics and sales channels for the Tabs ahead of the year-end shopping season, Jeong said.
Samsung has also sued Apple in a separate court in Australia, claiming that the latter’s iPhone and iPad 2 products infringe on its 3G-based telecommunication technology.
Federal Court Justice Lindsay Foster said Apple would be allowed to appeal to the High Court of Australia.
Legal counsel Stephen Burley was seeking a stay of the orders handed down by Justice Foster so that the appeal can be heard. Steve Park, a representative of Apple Korea, declined to comment.
CEO Choi said Samsung’s handset unit is going to find more measures to further improve revenue from the unit as it still lags behind Apple in terms of profit.
Samsung became the world’s biggest smartphone maker in terms of shipments in the third quarter of this year.
Observers say Samsung may enter a comprehensive cross-licensing agreement with Apple allowing the use of each other’s patented technology without paying royalties, though Jeong declined to elaborate.
Samsung chief operating officer (COO) Lee Jae-yong agreed with Apple new CEO Tim Cook to extend Samsung’s parts-supply contract despite the legal tussles.