Rich Fiscus
4 Oct 2011 16:45
Apple has turned down Samsung's offer of a licensing agreement for Apple patents in an Australian lawsuit over the Galaxy Tab 10.1.
Apple wants the tablet banned from the Australian market, claiming it infringes on an Apple touchscreen patent. Samsung has already agreed to change the tablet to address two other patents cited in Apple's suit.
Samsung's offer for a preliminary settlement, made last week, would have involved paying Apple an undisclosed amount to license the remaining patent before the lawsuit is decided.
Samsung's goal is getting the tablet on the Australian market in time for Christmas.
Apple lawyer Steven Burley explained to the court, "The main reason we are here is to prevent the launch (of the Galaxy tablet) and maintain the status quo."
That statement may be a harbinger of future problems for Apple. As the tablet market grows, Apple will have to be careful about statements that give the appearance their primary goal is blocking competition.
It's entirely possible Samsung's objective in making the offer was forcing Apple to choose between licensing and admitting their real goal was controlling the market rather than protecting patents.
In courtrooms around the world, Apple has portrayed themselves as the victims of Samsung's inability to innovate. The recent ban of the Galaxy Tab 10.1 in Germany is a perfect example.
If Samsung can turn the tables and convince judges that Apple is actually just working to ensure there are no serious competitors for the iPad, it could be a major victory. Even if it doesn't affect the outcome of their lawsuits, it could still resonate with the public.