Apple rejects Samsung Australian offer

Apple has rejected an apparent offer to settle a patent dispute with Samsung in Australia, which means that the country will continue to bar sales of Samsung's Android-powered Galaxy Tab 10.1 tablet. Reuters reports that Apple told a court in Sydney today that Samsung's offer did not provide an basis for any settlement deal. It also asked the judge to rule on whether or not the Galaxy Tab 10.1 infringed on Apple's patents. In a statement, Apple's lawyer Steven Burley said, "The main reason we are here is to prevent the launch (of the Galaxy tablet) and maintain the status quo."

Samsung first offered its deal with Apple late last week, saying it would remove two features from the tablet that Apple claims it holds the patent. Samsung had hoped that Apple might accept the deal so that it could begin selling the Galaxy Tab 10.1 this week in Australia. Now that Apple has rejected the deal, Samsung has now said it will likely miss the opportunity to sell the tablet in time for the busy holiday shopping season. If that happens, the Galaxy Tab 10.1 would be "commercially dead" in Australia, according to Samsung.

Apple has been claiming for months that devices like the Galaxy Tab have violated Apple's patents in terms of Samsung's user interfaces and design for some of its smartphones and tablets.  In August, Apple convinced a judge in Australia to ban the sale of Samsung's Galaxy Tab 10.1 tablet in that country as part of its legal fight. Reuters' story claims that a ruling here in the US between Apple and Samsung is expected to be announced next week.

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i just still wont buy an apple products because i find most of there stuff is just ****, and i like choice and competition, now with apple i have no choice except to not buy their crap

As someone who really likes Apple computers (I don't care for their iOS products) I find this move totally inexcusable.

Absolutely disgusting and blatently anti-competitive. More interested in blocking the competition than to license the patents. This goes against the spirit of patents, and I hope that Apple suffer consequences for their actions in some way.

Simon- said,
Absolutely disgusting and blatently anti-competitive. More interested in blocking the competition than to license the patents. This goes against the spirit of patents, and I hope that Apple suffer consequences for their actions in some way.

That's exactly how I feel about this, at least Microsoft make an effort to license the patents they own. Apple stand for everything I hate in the Technology Industry, I can't believe people still buy products from this cult, sorry company.

However, Apple Fanboys defending Apple in 3,2,1......

Clearly Apple is very afraid of the competition when they don't even accept Samsung offer to change the Galaxy Tab after how Apple want's it.

What Apple say: "The main reason we are here is to prevent the launch (of the Galaxy tablet) and maintain the status quo."

What Apple mean: "We can't compete on a level playing field so we'll just get our competitors products banned maintain our monopoly."

neo158 said,
What Apple say: "The main reason we are here is to prevent the launch (of the Galaxy tablet) and maintain the status quo."

What Apple mean: "We can't compete on a level playing field so we'll just get our competitors products banned maintain our monopoly."


Looking at sales numbers the obviously do a pretty good job of competing though...

Leonick said,

Looking at sales numbers the obviously do a pretty good job of competing though...

The problem is Apple CAN'T compete on a level playing field, only a company with business practices like Apple would do something like this. Samsung even offered to change the Galaxy Tab and Apple flat out refused. This just shows they're no better than bank robbers.

How you can even defend Apple is beyond me!!!

neo158 said,

The problem is Apple CAN'T compete on a level playing field, only a company with business practices like Apple would do something like this. Samsung even offered to change the Galaxy Tab and Apple flat out refused. This just shows they're no better than bank robbers.

How you can even defend Apple is beyond me!!!


Mostly because they are defending trademarks, patents and so on that they own.
When someone infringes on such rights you are pretty much forced to defend them that or give them up, it's also what the majority shareholders would expect.

And then there is the whole thing with this simply being a case of lawyers being lawyers (i.e assh*les)...
Bethesda/ZeniMax are suing Mojang a much smaller company over Scrolls because the name contains one word of a title they used for their games (but no one actually ever use, who ever said The Elder Scrolls: Oblivion?) and that a trailer had a mountain in it. Guess what, I'm still buying Skyrim.

Trust me whenever Samsung or anyone else files a lawsuit against Apple and they actually have a valid claim I will not be saying that it's a stupid lawsuit or that whoever filed it are to afraid to compete and I will not be defending Apple if it's clear they are wrong (thought it likely would not make me not consider buying their devices), in this case however they are not.

Leonick said,

Mostly because they are defending trademarks, patents and so on that they own.
When someone infringes on such rights you are pretty much forced to defend them that or give them up, it's also what the majority shareholders would expect.

And then there is the whole thing with this simply being a case of lawyers being lawyers (i.e assh*les)...
Bethesda/ZeniMax are suing Mojang a much smaller company over Scrolls because the name contains one word of a title they used for their games (but no one actually ever use, who ever said The Elder Scrolls: Oblivion?) and that a trailer had a mountain in it. Guess what, I'm still buying Skyrim.

Trust me whenever Samsung or anyone else files a lawsuit against Apple and they actually have a valid claim I will not be saying that it's a stupid lawsuit or that whoever filed it are to afraid to compete and I will not be defending Apple if it's clear they are wrong (thought it likely would not make me not consider buying their devices), in this case however they are not.

This isn't about trademarks or patents any more, it's about Apple maintaining their monopoly. If you don't believe me then maybe this line from the article should convince you, Apple's lawyer Steven Burley said, "The main reason we are here is to prevent the launch (of the Galaxy tablet) and maintain the status quo."

The truth is Apple are afraid of losing their dominant position in the market, and are resorting to 90s style Microsoft tactics to muscle out the competition and stifle innovation.

neo158 said,

The problem is Apple CAN'T compete on a level playing field, only a company with business practices like Apple would do something like this. Samsung even offered to change the Galaxy Tab and Apple flat out refused. This just shows they're no better than bank robbers.

How you can even defend Apple is beyond me!!!

All the available proof shows that nobody can compete with Apple... Not sure why you look past cold hard facts...

Samsung infringed on Apple's property, so they have every right to stick it to them. Apple isn't obligated to give them any favors and let them off the hook. They aren't here here to help Samsung do business, so since Samsung screwed up, Apple has them by the balls. I'd expect any smart business to make the same move. They haven't done anything wrong. If you know anything about business, you'd know that the nice guy never wins. Business is about staying ahead of the competition and using the rules to your advantage when the competition slips up.

You people just can't get over the Apple hate. If this was flipped the other way around, you people would still be bashing on Apple. Hell, everybody complains when Apple comes out with a feature that is similar to an existing un-patented idea. But when somebody outright steals Apple's property, then it's no problem, right? Learn how the patent system works and also how to properly run a business before spreading unintelligent bias...

Astra.Xtreme said,

All the available proof shows that nobody can compete with Apple... Not sure why you look past cold hard facts...

Samsung infringed on Apple's property, so they have every right to stick it to them. Apple isn't obligated to give them any favors and let them off the hook. They aren't here here to help Samsung do business, so since Samsung screwed up, Apple has them by the balls. I'd expect any smart business to make the same move. They haven't done anything wrong. If you know anything about business, you'd know that the nice guy never wins. Business is about staying ahead of the competition and using the rules to your advantage when the competition slips up.

You people just can't get over the Apple hate. If this was flipped the other way around, you people would still be bashing on Apple. Hell, everybody complains when Apple comes out with a feature that is similar to an existing un-patented idea. But when somebody outright steals Apple's property, then it's no problem, right? Learn how the patent system works and also how to properly run a business before spreading unintelligent bias...

Did you even read the article before commenting?

I was wondering when the Apple apologists would get in here!!

Apple refused to let Samsung change the Galaxy Tab because they have a monopoly and don't want competition. This has nothing to do with patents any more it's all about how greedy and blatently anti-competitive Apple are.

As I've already stated, Apple stand for everything I hate in the technology industry.

Sooner or later this WILL come back to bite Apple, sooner rather than later I hope.

Astra.Xtreme said,

You people just can't get over the Apple hate. If this was flipped the other way around, you people would still be bashing on Apple. Hell, everybody complains when Apple comes out with a feature that is similar to an existing un-patented idea. But when somebody outright steals Apple's property, then it's no problem, right? Learn how the patent system works and also how to properly run a business before spreading unintelligent bias...

Dont assume things and think that people would still be bashing Apple if it was flipped. If it was flipped, there would be no reason to so.

And the reason why people get on Apple for similar ideas is that Apple claims to have invented said idea in the first place. Then Apple bitches and moans when others "copy" them and the sues the company.

Samsung presented something to Apple...instead of Apple working with Samsung to come to some kind of agreement, whether its this one or an edited version, Apple out right denied them. WHile other companies are working together, Apple is not.

Apple wants to dominate period. Think about what if Apple only produced tabs and phones and there were not Android, MS for competition. Apple could give the consumer anything they wanted, leave out features, and charge a ton more for their products and consumers would have no choice but to buy they products. Competition is good and something Apple doesnt seem to understand.

techbeck said,

Samsung presented something to Apple...instead of Apple working with Samsung to come to some kind of agreement, whether its this one or an edited version, Apple out right denied them. WHile other companies are working together, Apple is not.

I didn't realize international business was governed by the principle of 'sharing is fun'.

Apple wants to dominate period.

As opposed to every other company, who only wants to make enough profit to place flowers on the graves of widows?

There's no unique motive for Apple here, just as their was no unique motive for Microsoft in the 80s/90s, it's just that right now Apple is the only company that appears to be capable of executing. It's even more 'frustrating' because Apple seems to be doing well in a market despite ignoring the approach made popular by HP, Dell, IBM, etc: they're ignoring the race to the bottom, putting good design, ease of use, and simplicity at the forefront, and more-or-less telling geeks to take a hike.

Competition is good and something Apple doesnt seem to understand.

Competition might be good for you and I, it's not good for Apple.
Do you think Coke would cry if Pepsi went out of business?
Would BMW mourn the loss of Audi?
Would Microsoft shed tears if Nintendo and Sony dropped out of the console business?

You might, but executives and stock holders would be too busy pouring glasses of champagne to notice your damp cheeks.

techbeck said,

Apple wants to dominate period. Think about what if Apple only produced tabs and phones and there were not Android, MS for competition. Apple could give the consumer anything they wanted, leave out features, and charge a ton more for their products and consumers would have no choice but to buy they products. Competition is good and something Apple doesnt seem to understand.

Don't use the "Competition is good for innovation" line when you want to complain that Apple is forcing Samsung back to the designing phase on their products. If the Galaxy patent suits hold up, it means Samsung will actually have to come up with something new instead of copying what everyone else(not just Apple) is doing. All the tablets coming out these days are just the same device with a different name slapped on them. Upgrading the processor or HD doesn't constitute anything special. Samsung is a good company when it comes to developing new technologies so they need to do that now.

Just like you said, if only Apple made these products, it would suck for consumers. It has been years since any phone came out that was actually impressive. Was Apple the first to come out with a smart phone or touch screen phone? Nope. But they were the first to come out with one worth using for the average consumer. It kick started the market and Android wouldn't even exist if it weren't for that. iPad kick started the tablet market. The Android community was screaming about how much fail it was going to be and then when it wasn't, got into the market.

If they infringed on patents that someone else owns, they deserve to be sued for making such a basic legal mistake. Apple is right to reject any offers from Samsung. If they have a legitimate case and Samsung did in fact infringe on its patents, there is no reason for Apple to accept an offer. You don't steal something and then ask for permission to borrow it.

I am still using my G1 for work because there is no reason to get anything else. The apps I needed still work the same as they did when I got the thing years ago. There are new Android phones coming out monthly and there is yet a legitimate reason for me to upgrade. Force Android to come out with something that is actually new, not the same old thing but faster and two things will happen. First, Apple won't be able to touch it since that company would hold the patents. Second, there would finally be a reason to actually upgrade which means I, as the consumer, win.

neo158 said,

Did you even read the article before commenting?

I was wondering when the Apple apologists would get in here!!

Apple refused to let Samsung change the Galaxy Tab because they have a monopoly and don't want competition. This has nothing to do with patents any more it's all about how greedy and blatently anti-competitive Apple are.

As I've already stated, Apple stand for everything I hate in the technology industry.

Sooner or later this WILL come back to bite Apple, sooner rather than later I hope.

Yeah I read the article... Why would you even say that?...
I'd hardly call myself an Apple apologist as it seems like I'm one of the few that has any common sense to look past the fact that Apple is involved in this.

You're still hiding from the solid fact that Samsung stole Apple's property. You can translate the lawyer's quote to whatever you want, but in the end, all it says is that they are not going to let Samsung off the hook. The verdict is going to stand which won't allow the Galaxy to sell (hense why "status quo" is mentioned). They have every right to do so. Samsung just wants to weasel its way out of the mess they made and get off with a slap on the hand. Well, guess what? It's not that easy. You can't steal somebody's ideas and think that saying "sorry" is going to get you off the hook. And like I said, any smart business would do the same.

techbeck said,

Dont assume things and think that people would still be bashing Apple if it was flipped. If it was flipped, there would be no reason to so.

And the reason why people get on Apple for similar ideas is that Apple claims to have invented said idea in the first place. Then Apple bitches and moans when others "copy" them and the sues the company.

Samsung presented something to Apple...instead of Apple working with Samsung to come to some kind of agreement, whether its this one or an edited version, Apple out right denied them. WHile other companies are working together, Apple is not.

Apple wants to dominate period. Think about what if Apple only produced tabs and phones and there were not Android, MS for competition. Apple could give the consumer anything they wanted, leave out features, and charge a ton more for their products and consumers would have no choice but to buy they products. Competition is good and something Apple doesnt seem to understand.

No actually there have been plenty of articles about companies suing Apple for unknown reasons, and everybody on Neowin rejoices. I'm not assuming anything since it happens on this website all the time.

Secondly, learn how a patent works. If something isn't patented, it's fair game. If it is, then the owner has every right to bust it up.

Others have pretty much cleared up the rest of your comments, but you should understand that the sole-most goal of a company is to make a profit. They aren't here to be your friend and they aren't here to lose money by making your dreams come true. They are here to offer up a product that's useful to the consumer. That's it. Nobody is ever forcing you to buy something, so saying otherwise is straight up non-sense.

Soo why is it that AUS has it banned and no where else does?

Not like Samsung has any issues selling the unit here... MobiCity has been having a ball importing these units...

brent3000 said,
Soo why is it that AUS has it banned and no where else does?

Not like Samsung has any issues selling the unit here... MobiCity has been having a ball importing these units...


The Australian patent system is different, as are the available intellectual property claims each company has.

Apples and Oranges as it were

brent3000 said,
Soo why is it that AUS has it banned and no where else does?

Not like Samsung has any issues selling the unit here... MobiCity has been having a ball importing these units...

Exactly! you can still find it just as easy as anything else online

Why don't samsung just gloves off and severe all business ties who gives a crap about money when they're going to be pricks like that.

I'm not sure if you know but lots of the components of the iPhone/iPads come from Samsung. So that would be like cutting off your nose to spite your face.

Surely Apple isn't their only customer but they take a big chunk of Samsung's manufacturing capacity. So if you want to compete, loosing that much money would put Samsung at a disadvantage. Lawyers cost a lot of moola you know!

SHoTTa35 said,
I'm not sure if you know but lots of the components of the iPhone/iPads come from Samsung. So that would be like cutting off your nose to spite your face.

Surely Apple isn't their only customer but they take a big chunk of Samsung's manufacturing capacity. So if you want to compete, loosing that much money would put Samsung at a disadvantage. Lawyers cost a lot of moola you know!

Exactly, so Apple need Samsung more than Samsung need Apple. Samsung needs to show they won't be bullied by Apple by severing all business ties with them. Samsung make money from TVs, Computers and Memory to mention a few so they really don't need Apple.

Digitalx said,
Why don't samsung just gloves off and severe all business ties who gives a crap about money when they're going to be pricks like that.

Its called a contract. Break it and you get pounded by the law courts.

neo158 said,

Exactly, so Apple need Samsung more than Samsung need Apple. Samsung needs to show they won't be bullied by Apple by severing all business ties with them. Samsung make money from TVs, Computers and Memory to mention a few so they really don't need Apple.

Any smart business person never puts all their eggs in one basket. Airlines gets planes from 2 different suppliers, and parts for those planes can be from 2-5 different suppliers as well. Apple has dual suppliers for some parts and anyone else can pick up the slack if Samsung cancels it. Toshiba and any of the other companies would love to take over that from Samsung. So no, Samsung is the one that needs Apple in this regard.

Also as mentioned, you don't go into a Billion dollar business with someone without contracts, break em and Samsung would still be screwed.

neo158 said,

Exactly, so Apple need Samsung more than Samsung need Apple. <snip> .

Erm, no! Totally ignoring the phrase "The Customer is always right", simply put Samsung's manufacturing base would be severely hit when you look at the numbers of units they produce components for, for Apple. That's a big hit....I wouldn't be surprised to see Job losses if they were to do that and plus, as I'm sure somebody else will make mention of, a contract is a contract.

Wiggz said,

Erm, no! Totally ignoring the phrase "The Customer is always right",


"The customer is always right" is a long dead and useless phrase with little to no real world bearing today. That crap ideology died 10+ years ago. Every time one of my customers tried to drop that turd on me, they get it back in their face LOL.

+Ichigo+ said,
{Samsung first offered its deal with Samsung late last week}

I did not know you could make a deal with yourself

How could you!
i'm having a deal with HTC on the moment ^^


Apple's lawyer Steven Burley said, "The main reason we are here is to prevent the launch (of the Galaxy tablet) and maintain the status quo."

That line right there should be ringing alarm bells in the judge's ear, assuming it's not stuffed full of cash...

It's not about patents, it's about making sure they keep a monopoly on the market.

FloatingFatMan said,

That line right there should be ringing alarm bells in the judge's ear, assuming it's not stuffed full of cash...

It's not about patents, it's about making sure they keep a monopoly on the market.

I had to do a double take when I read that. Apple is basically admitting that they're purposely stopping the Galaxy launch so that they don't have to compete with it.

Majesticmerc said,
I had to do a double take when I read that. Apple is basically admitting that they're purposely stopping the Galaxy launch so that they don't have to compete with it.

I had to do the same, if this doesn't prove that Apple have a monopoly I don't know what does. I would assume the Judge got bribed by Apple, it wouldn't surprise me.

FloatingFatMan said,

That line right there should be ringing alarm bells in the judge's ear, assuming it's not stuffed full of cash...

It's not about patents, it's about making sure they keep a monopoly on the market.


couldn't agree more

FloatingFatMan said,

That line right there should be ringing alarm bells in the judge's ear, assuming it's not stuffed full of cash...

It's not about patents, it's about making sure they keep a monopoly on the market.

Been saying that all along. Apple doesnt want to compete...they want to dominate. Which they had been doing for years and now other companies are offering more for the same $$$ or cheaper and they cannot handle it.

Majesticmerc said,

I had to do a double take when I read that. Apple is basically admitting that they're purposely stopping the Galaxy launch so that they don't have to compete with it.

Suppose every Samsung tablet had a pirate copy of Mac OS X installed on it instead of Android. Would Apple suing samsung to prevent the launch still be about 'not wanting to compete' or would it be about enforcing their rights as a copyright holder? Suppose Samsung was highjacking shipments of iPads, rebranding them, and selling them: would Apple be out of line attempting to prevent those being sold too?

Imaginary property law might be a giant mess, but is it really so wrong for an entity tasked with "profit above all else" to follow-up in the courts when the law is clearly on their side (or when they think the law is on their side)?

If you'd support Apple in the case of thefts but not in the case of patent suits then I propose your issue is with the law and not those seeking enforcement of it.

evn. said,

Suppose every Samsung tablet had a pirate copy of Mac OS X installed on it instead of Android. Would Apple suing samsung to prevent the launch still be about 'not wanting to compete' or would it be about enforcing their rights as a copyright holder? Suppose Samsung was highjacking shipments of iPads, rebranding them, and selling them: would Apple be out of line attempting to prevent those being sold too?

Imaginary property law might be a giant mess, but is it really so wrong for an entity tasked with "profit above all else" to follow-up in the courts when the law is clearly on their side (or when they think the law is on their side)?

If you'd support Apple in the case of thefts but not in the case of patent suits then I propose your issue is with the law and not those seeking enforcement of it.


It would be about Apple shutting you up. Don't feed people with your ignorance.