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Australian Court Wants iPad Numbers Before Final Ruling

As you’ve probably noticed by now anywhere you turn Apple is suing someone over their patents.  Last week we learned that Apple feels Android goes all the way back to 1992 and Andy Rubin’s days working for Apple.

In their lawsuit against Samsung in Australia, Apple has been granted a preliminary injunction. This means that Samsung can’t sell or participate in marketing the Galaxy Tab in Australia.  There are similar preliminary injunctions going on around the world, including the one that caused Samsung to pull their Galaxy Tabs from their booth at IFA at the Messe in Berlin Germany.

More after the break

In response to the Australian injunction Samsung put three different designs for the Samsung Galaxy Tab 10.1 in front of Apple hoping  that one of the designs would suffice. Of course none of them did. Now Apple is seeking more permanent injunctive relief from Judge Anaballe Bennett in the Australian patent court.  Bennett however has told Apple to hold their horses. Bennett wants to see Apple’s iPad sales numbers in both the UK and the US in order to determine the impact that the Samsung Galaxy Tab has had on the iPad.

With under 3 million total Android tablet’s sold (by all manufactures) and over 9 million iPads sold by Apple it’s going to be very hard to convince Judge Bennett that the proper t hing to do would be to ban the sale of the Galaxy Tab.

In this particular case we’re glad that Samsung hasn’t blown it out of the water yet, perhaps the folks down under will agree and the Samsung Galaxy Tab 10.1 will graze the shelves of consumer electronic stores in Australia.

source: TC

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