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Samsung Gets a Win Down Under

Sarah Thomas

12:55 PM -- An Australian Federal Court unanimously overturned the injunction it granted Apple Inc. (Nasdaq: AAPL) in October. The injunction prevented Samsung Corp. from shipping its Galaxy Tab 10.1 in the continent on the grounds that it may have infringed on Apple's patents.

Apple has until Friday to appeal the decision. (See Apple vs. Android Patent Spat Goes Global.)

The ruling comes as Samsung prepares for the holiday buying season. But, if it’s upheld, it’s only one win in a much larger legal battle that has for the most part been working out in Apple's favor. Samsung is fighting the Cupertino giant across the world, including lawsuits in Japan and the U.K. and a new injunction request from Apple today in Germany. The battle even has the wireless operators taking Samsung's side in the U.S. (See Samsung Hears From T-Mobile & Steve Jobs, Verizon Defends Samsung Against Apple , Samsung Tries to Block Apple Sales in the US and Apple Sues Samsung for iCopying.)

Even if Samsung wins on Friday, there's not much to celebrate. The legal battle has been -- and will continue to be -- a long and expensive fight, and one that could start to detract from what the companies should be focusing on: innovation.

That devices look alike is a fact of a competitive market. In their effort to give consumers what they want, device makers are all including those features that are considered table stakes, like a touch screen, thin design and minimal buttons, and are instead focusing on software differentiation.

Blatant copying is, of course, unacceptable. But so is using a courtroom to thwart a competitor and, ultimately, innovation.

— Sarah Reedy, Senior Reporter, Light Reading Mobile

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12/5/2012 | 4:47:28 PM
re: Samsung Gets a Win Down Under

I think these companies should get out of the courtrooms and head for the boardrooms, where they are good at and come out with a deal benifiting both. Maybe a deal similar to MS-HTC or MS-GOOGLE.

Why are these guys hell bent on cutting each other's throats when Apple knows it is working on Samsung chips and Samsung knows their design is not 100% original. 

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