Tuesday, September 06, 2011, 06:56 am PT (09:56 am ET)
Apple may need to reveal iPad sales figures to bar Samsung Galaxy TabAn Australian judge has said Apple may need to break its own policy and reveal regional sales figures of the iPad and iPad 2 to bolster its case to bar sales of the Samsung Galaxy Tab 10.1.
It is Apple's policy to not publicly break out sales figures by region, citing competitive reasons. But if Apple wants to improve its chances of keeping the Samsung Galaxy Tab 10.1 off the market, the company may need to disclose sales figures in the U.S. and the U.K, according to Bloomberg.
Australian Federal Court Justice Annabelle Bennett said Apple may need to prove that sales of the iPad were affected by the Galaxy Tab 10.1 in markets where Samsung's tablet is already available.
But Apple will not be forced to release the figures, the judge said. The company could simply choose to release the figures to help prove to the court the impact of the Galaxy Tab on iPad sales.
"Unless Apple puts on evidence showing the impact in the U.S. or U.K., I can't draw any positive assumptions," Bennett said in Sydney Federal Court on Tuesday.
Samsung took the opportunity to attempt to convince the court that the Galaxy Tab 10.1 will not have an adverse effect on the iPad.
"People want an Android product, so they will buy an Android product," Samsung lawyer Neil Murray said in court. "This is not impacting the sales of Apple."
Apple attorney Steven Burley countered by telling the judge that the "remarkable similarity" between the Galaxy Tab 10.1 and the iPad will take sales away from Apple.
Apple first sued Samsung in April, accusing its rival of copying the look and feel of its popular iPhone and iPad products. Samsung has fired back with its own patent infringement allegations
Last month, a judge decided to bar sales of the Galaxy Tab 10.1 in Australia, forcing Samsung to delay the launch of its tablet down under. Apple's legal action has also found initial success in Germany, where a court also ruled the Galaxy Tab 10.1 could not be sold until the case is settled.
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