Samsung promises the Galaxy: can it deliver?
update Samsung has pledged to bring a version of the Android-powered Samsung Galaxy Tab 10.1 tablet to Australia, despite a legal case brought against it by Apple in the country. But is Samsung breaching undertakings to Apple with such a pledge?
(Credit: Samsung)
The case in question was heard before the Federal Court in Sydney on Monday, with Apple objecting to the US version of the Samsung Galaxy Tab, alleging that the device infringes on 10 of its patents, including pinch-to-zoom, edge bump and slide-to-unlock functionality, as well as the look and feel of the device. Apple wanted to stop the sale of the device in Australia.
Lawyers for the two parties adjourned for negotiations, and emerged with an agreement that would see Samsung provide Apple Australia with three of the units which would appear in the Australian market, seven days before the product's intended release date. The agreement also saw Samsung agree not to promote, market, generate interest in or ship the device before the order of the court or the resolution of the case, freezing its plans for an Australian release.
3) Until the expiration of the seven-day period, referred to in paragraph two above, without any admission of liability, respondents or any of their servants or agents will not:
- a) advertise,
- b) seek expression of interest from consumers in relation to,
- c) sell,
- d) authorise or facilitate the advertisement by third parties of,
- e) otherwise supply to consumers,
the device referred to [Samsung Galaxy Tab 10.1] in paragraph two above.
Samsung later issued a statement saying that despite the litigation, Australian consumers could expect to see a Galaxy Tab 10.1 in the near future, adding that the tablet that Apple is complaining about — the US version — is the wrong one.
Apple Inc filed a complaint with the Federal Court of Australia involving a Samsung Galaxy Tab 10.1 variant that Samsung Electronics had no plans of selling in Australia. No injunction was issued by the court, and the parties in the case reached a mutual agreement which stipulates that the variant in question will not be sold in Australia.
A Samsung Galaxy Tab 10.1 for the Australian market will be released in the near future.
This undertaking does not affect any other Samsung smartphone or tablet available in the Australian market or other countries.
Samsung will continue to actively defend and protect our intellectual property to ensure our continued innovation and growth in the mobile communication business.
This statement may seem to be promoting and generating interest in the tablet in the Galaxy Tab 10.1; however, patent lawyer and principal of Idealaw, Kay-Lam MacLeod, told ZDNet Australia today that the statement represents a carefully worded tip toe around the legal agreement.
"A lot depends on the definitions," MacLeod said.
"The agreement doesn't say that Samsung is not allowed to promote any device called Galaxy Tab 10.1 ... it's specific to that variant of the Galaxy Tab 10.1 only. So [Samsung]'s worded their statement quite carefully to say that that variant won't be sold in Australia, but there will be some release of a Galaxy Tab 10.1-branded device in Australia," she added.
"Without the affidavit, I can't say for sure, but it seems that's a deliberate attempt to get around the agreement," she said. Justice Annabelle Bennett denied ZDNet Australia's request to view the affidavits for this case, citing confidentiality reasons.
Whether or not Samsung is carefully sidestepping its agreement with Apple to make its product promise, Apple still has the power to potentially stymie the product release; it could seek to have the new version of the tablet blocked if it felt that it, too, infringed on Apple's patents.
Apple did not respond to a query on the matter, apart from saying: "This kind of blatant copying is wrong, and we need to protect Apple's intellectual property when companies steal our ideas."
ZDNet Australia contacted Samsung to ask whether it was concerned about having promised a delivery timeframe that might not be possible, but no response had been received at the time of publication.
Samsung did say in a statement, however, that the release of the Samsung Galaxy Tab 10.1 is on track, and the only delay that exists is the delay of a media event meant to be held on 11 August.
"The Galaxy Tab 10.1 has not been delayed. We are delaying our original planned media launch that was on 11 August in order to be able to showcase to media the final Australian retail product. The product itself is still on track to launch in the coming months," Samsung said, vowing to fight the case in the courts.
"Samsung will continue to actively defend and protect our intellectual property to ensure our continued innovation and growth in the mobile communication business. We are confident that the Galaxy Tab 10.1 will not violate any of the plaintiff's patents."
Updated at 1:10pm, 4 August 2011: the affidavits were not available for viewing.