Samsung had offered last week to "help ensure an expedited court hearing" if Apple would allow the immediate launch of its tablet in the country, as noted by Reuters. Though Apple had ">conceded that the deal contained some potential benefit for the company, it ultimately decided to reject the offer.
"It is one we don't accept and there is no surprise. The main reason we are here is to prevent the launch (of the Galaxy 10.1) and maintain the status quo," Apple attorney Steven Burley told the Federal Court on Tuesday.
A settlement is "not going to be achievableâ¦given the positions advanced by each party," a Samsung lawyer told the court. The electronics maker has agreed to take out two features from its tablet that allegedly infringe on Apple's patents, leaving the two companies to debate over whether the devices violates just one of Apple's patents.
Samsung had previously agreed to delay sales of the Galaxy Tab 10.1 in Australia until after the judge issues a ruling on the injunction request, expected to come later this week.
The legal conflict between the two electronics giants has grown tense since Apple made the first move in April, accusing its rival of copying the look and feel of its iPhone and iPad. Samsung quickly responded with its own counter-complaints.
For its part, Apple has won a few early victories against Samsung in Europe. Last month, a German district court issued a permanent ban barring sales of the Galaxy Tab 10.1 in the country. A Netherlands court in August blocked some models of Samsung's Galaxy smartphones from being sold.
Attorneys for the iPad maker revealed last week that Apple co-founder Steve Jobs had approached Samsung last year to discuss its grievances. But, after negotiations broke down, Apple turned to the courts to resolve the matter.
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Responding to questions from Justice Bennett about whether Samsung's model could be singled out, given there are other Android-based tablets on the market, Apple's lawyers said it saw the Galaxy Tab 10.1 as the main competitor to the iPad 2.
"This is vastly the one that is going to be targeting the iPad 2," Apple's counsel said.
"This is going to be launched on the market with the velocity of a fire hose and [the Galaxy Tab 10.1 is] going to just come in and take away iPad 2 sales so quickly that by the time we get to final hearing the full impact of the patent infringement will be [felt] to the detriment of Apple and to the benefit of [Samsung]."
If the ruling is expected to come later this week, what would expediting the hearing mean?
Apple is big. Samsung is big. They need to exist in this world together. I say let Samsung sell their device above the retail cost of apples. Lets say $99.00 higher than Apples iPad. That gives Apple the advantage and lets samsung sell their device.
As I said in the prior thread Apple has the upper hand or Samsung wouldn't have offered a fig leaf.
I'm glad this thing is one step closer to being done thank God