updated 09:15 am EDT, Thu October 27, 2011
Samsung challenges Apple win on November 21
Samsung on Thursday won a chance to appeal Apple's successful, preliminary Australian ban on the Galaxy Tab 10.1. The Korean firm's attorney Neil Young claimed that the federal court had taken "irrelevant considerations" into account in blocking the Android tablet. Judge Lindsay Foster, who heard Samsung's request, said he would grant an appeal hearing on November 21 but also cast doubt on Samsung's ability to overturn the ban.
"I think the order should be made as set," Judge Foster said.
The timing could see Samsung fulfill a claim that it might scuttle the tablet entirely for Australia. It had wanted the tablet selling on or before mid-October and had tried altering the software to get past the initial ban. If the Galaxy Tab 10.1 isn't available until November 21 at the earliest, however, it would leave just a few weeks of holiday sales and likely no more than two months into 2012 before the tablet is obsoleted at Mobile World Congress, where Samsung often updates its core models and introduced the Tab 10.1 this year.
Apple instigated a worldwide campaign against the Galaxy Tab and Galaxy phone line in April, when it sued Samsung in the US for allegedly copying the look and interface of the iPad and iPhone. Unlike lawsuits and countersuits filed against it by competitors, though, Apple is believed to have a philosophical objection that has led it to favor outright bans over settlements, since the late Steve Jobs believed Android was inherently stolen. [via MarketWatch]