Apple scored another victory in its legal battle with Samsung in Australia early Monday, as the South Korean company agreed to a further delay of the launch of its Galaxy Tab 10.1 Android-powered tablet. Samsung had already agreed to delay the launch, which was originally planned for mid- to late-August, earlier this month, and will now wait until the court makes a decision regarding Apple’s request for a preliminary injunction in late September.
Samsung has agreed not to sell or advertise the Galaxy Tab 10.1 before the court’s decision, which should come down following a hearing scheduled for Sept. 26 and 29. Initially, FOSS Patents reports, Samsung’s lawyers were actually opposed to the idea of another delay of the product launch, but the judge advised that launching despite the pending issue of the preliminary injunction wouldn’t be wise. After some internal discussion between Samsung execs and its legal team, the company agreed to hold off.
In an attempt to stave off a preliminary injunction in Australia, Samsung slightly altered the Galaxy Tab 10.1. Apple’s initial delay was so that it could receive and examine the new model to see if it still considered it in violation of its intellectual property. There’s no word on what specifically is changed about the Australian Tab, but Apple’s lawyers discussed its “reduced functionality,” though it still thinks the device is too close of a copycat.
After a limited Dutch injunction against Galaxy smartphones and a reaffirmed German injunction against the Tab both came down last week, it looks like Apple is gaining some momentum in its intellectual property fight with Samsung. The actual trials are where we’ll really start to see how things will ultimately shake out, but with a California court agreeing to expedite a trial in that district, we won’t have to wait too long before the action starts.