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Summary:

In a hearing in Australia to determine whether Apple can secure a preliminary injunction to stop the sale of Samsung’s Galaxy Tab 10.1 tablet ahead of a patent infringement case between the two companies, Samsung’s attempt at a peace offering was rejected.

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In a hearing in Australia to determine whether Apple can secure a preliminary injunction against the sale of Samsung’s Galaxy Tab 10.1 tablet, Samsung’s attempt at a peace offering was rejected (via Reuters). Apple’s lawyers told the Sydney court that an offer made by Samsung last week provided no grounds for settlement, and that the iPad-maker wanted to proceed with the court case.

Apple told the court its “main reason” for seeking the hearings in the first place was to “prevent the launch of the Galaxy tablet and maintain the status quo,” according to lawyer Steven Burley (as quoted by Reuters). Basically, it sounds like no other outcome would have pleased Apple or its counsel, so I doubt any Samsung offer had much chance of being accepted.

The judge in the case had suggested last week that both sides push for an expedited trial in order to potentially avoid more delays for Samsung in Australia, but Samsung’s lawyers told the hearing on Tuesday that if a ruling doesn’t arrive “by mid-October, there is no urgency.” It would rather wait until later to prepare its defence, the Korean company’s lawyers said. Should the Galaxy Tab 10.1 miss the crucial Christmas shopping season window, Samsung argued that the tablet would be “commercially dead” in the Australian market anyway.

If an injunction is instituted, or a decision significantly delayed, then it appears that the Samsung 10-inch tablet may be dead in the water in Australia. That would be a major victory for Apple, but also one that could significantly escalate the legal fight between the two. Reuters’ report includes well-placed sources stating Samsung plans to attempt to block the sale of the iPhone 5, which will likely be revealed and dated by Apple later Tuesday.

  1. “Coventry Garden”?

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