Samsung gets expedited trial date in Australia, will not seek iPhone ban in South Korea
Rich Fiscus
15 Nov 2011 9:32
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:
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.