Samsung are loading artillery of the Android running Galaxy 10.1 to Australia, according to sources. And hoping to blow iPad 2 out of the water, unless Apple makes a final attempt to block its arch rival, once again.
The Koreans have a large stockpile of the currently banned Samsung Galaxy Tab 10.1 under lock and key already in Australia, according to industry sources.
The Australian Federal Court, who yesterday lifted the ban on Galaxy Tab 10.1 in Australia, which Apple had claimed infringes on its intellectual patents relating to swipe and touchscreen technology and was a clone of its iPad 2.
However, Apple counsel, Steve Burley, applied for “special leave” to submit documents to appeal the Federal Court’s decision, following the ruling finally releasing Tab for sale in Australia, handed down by a three-judge panel yesterday.
Cupertino’s empire would suffer “immediate and irreparable harm” with the release of the SamsungTab, Burley insisted and was granted leave to file an interlocutory application once again blocking the device, until tomorrow Friday at 4pm.
If granted, this could extend the Tab 10.1 ban until at least early next year, meaning Apple’s iPad 2 will have reign of the Aussie tablet market for the interim, including the make-or-break Christmas season.
The Apple appeal is likely to go ahead, believes Chris Baxter, Baxter IP Lawyers.
“The Full Federal Court has allowed the possibility of an appeal and Apple’s lawyers have indicated they will appeal. In the original decision regarding an injunction it was found that the balance of convenience in the court granting the injunction was fairly even.”
“In the decision yesterday, the court considered the balance of convenience was more on Samsung’s side for a few reasons, including, Justice Bennet not considering other constructions (interpretations) of Apple’s claims and the fact Samsung wanted more time before an initial hearing originally could not be held against them.”
However, Judge Lindsey Foster cautioned Apple at the ruling yesterday, saying the court would not give it any further leave and warned the case could go to the High Court.
“Assuming the appeal goes ahead, the High Court would then have to decide within a short timeframe whether to continue the ban,” says Baxter.
If yesterday’s Federal Court decision is upheld, Galaxy could be here as soon as next week, if rumours about stocks already in the country are true.
So, how much will the (now famous) Tab 10.1 on Android Honeycomb, with a powerful dual core processor, lighter and thinner than iPad 2 at 595g and 8.6mm thick, and packs a tougher punch on specs with larger screen, higher res (1280×800 V iPad 2′s 1024×768) and higher megapix on its dual cameras, be Down Under?
Samsung refused to divulge any details when quizzed by SmartHouse, but did say tomorrow would be telling as to the availability of the Tab.
“We are unable to comment on price or availability given the court’s ruling to stay the injunction until Friday 4pm. After this time, we should know more,” a Samsung spokesperson said, refusing to comment on the rumoured stockpiles waiting in the wings.
Online e-tailers Mobicity.com.au and dMavo are already selling Samsung Tab to Australians, despite the sales ban in place since last month, starting at A$549 for 16GB model, slashed from original RRP of $809.
Samsung, although erring on the side of caution until tomorrow’s Federal Court ruling, yesterday admitted “the champagne corks will be popping” if it is allowed to sell the highly anticipated Galaxy device before Xmas.
During the Federal hearing last week, the court was told how Samsung would be “entirely shut out” from the tablet market during the lifetime of Tab 10.1, if a permanent ban, which Apple are demanding, was granted.
The Tab 10.1 maker is already “concerned with losses” of sales and goodwill associated with the ban.
Reidy, O. (01/12/2011). REVEALED: Samsung OZ Tab Stockpiles Ready To Go. SmartHouse.com.au. Retrieved from http://smarthouse.com.au/Home_Office/Notebooks_And_Tablets/K3E6H8V7?page=1