Samsung has decided not to pursue an injunction to ban sales of the iPhone 4S in South Korea. The decision will not affect litigation in other countries.
In response to Apple patent lawsuits around the world which put Samsung's ability to sell Android smartphones in question, Samsung has sued to ban the iPhone 4S based on patent claims of their own.
The South Korean launch of the iPhone 4S was last Saturday, which would mean a request to ban it would likely have already been filed by now if it were coming.
The Chosun Ilbo, a South Korean newspaper, quoted a senior Samsung executive who said:
This is probably less significant than you might think. While it is certainly true South Korea is a key smartphone market, it's also where Samsung is based. That has numerous implications for Apple's legal strategy.
For starters, it means Samsung phones aren't imported from another country, cutting off the possibility of an import ban like Apple is pursuing in other countries. In theory, it also means Korean courts will be less sympathetic to Apple's innocent victim routine.
Expedited Trial In Australia
In Australia, where Apple has already succeeded in banning the Galaxy Tab, Samsung's request for the earliest possible trial date has been granted. The trial is set for March of next year.
The Galaxy Tab ban is only a preliminary injunction, and Samsung hopes to fight it as soon as possible. Apple, on the other hand, was looking for an August trial.
Australian Federal Court Justice Annabelle Bennett was sympathetic to Samsung's concerns, saying (via Reuters):
The South Korean launch of the iPhone 4S was last Saturday, which would mean a request to ban it would likely have already been filed by now if it were coming.
The Chosun Ilbo, a South Korean newspaper, quoted a senior Samsung executive who said:
We concluded that we should engage in legal battles with Apple only in the global market, but not in order to gain more market share in Korea.
This is probably less significant than you might think. While it is certainly true South Korea is a key smartphone market, it's also where Samsung is based. That has numerous implications for Apple's legal strategy.
For starters, it means Samsung phones aren't imported from another country, cutting off the possibility of an import ban like Apple is pursuing in other countries. In theory, it also means Korean courts will be less sympathetic to Apple's innocent victim routine.
Expedited Trial In Australia
In Australia, where Apple has already succeeded in banning the Galaxy Tab, Samsung's request for the earliest possible trial date has been granted. The trial is set for March of next year.
The Galaxy Tab ban is only a preliminary injunction, and Samsung hopes to fight it as soon as possible. Apple, on the other hand, was looking for an August trial.
Australian Federal Court Justice Annabelle Bennett was sympathetic to Samsung's concerns, saying (via Reuters):
They are trying to expand the Android market. The longer it's left the harder it will be for Samsung.
