'No, your honor, we didn't copy the iPad. In fact, we've never even seen one before.'
One thing Samsung doesn’t seem to be able to copy from Apple is the success of its crack legal team. The latest court to ban the sale of Samsung’s Galaxy Tab 10.1 tablet is Australia, which upheld a temporary injunction against selling the device in Oz.
Samsung’s defense appeared to largely take the form of shouting “it’s not fair.” The South Korean company’s lawyers argued that if the tablet wasn’t allowed to go on sale, it would be “commercially dead” and wouldn’t be able to make any money from Christmas sales. Maybe Samsung should have thought of that before making its iClone.
According to the Wall Street Journal, “Samsung hinted it may appeal the Sydney court ruling.” “Hinted” isn’t exactly fighting talk, which was reserved for the company’s only real recourse — get nasty over alleged patent violations. In a statement, Samsung said “We will continue to legally assert our intellectual property rights against those who violate Samsung’s patents and free ride on our technology.”
That’s more like it.
The fact that Samsung is lying down quietly, and even making changes to its Tab 10.1 in order to get it back on store shelves, seems to show that courts are convinced that it has ripped off the iPad’s design. That Samsung is retaliating with patent threats is even more telling of its confidence to beat these injunctions.