Apple is going on the offensive against online retailers who are ignoring the injunction against Samsung Galaxy Tab 10.1 sales in Australia, even as the South Korean electronics manufacturer has won the right to fast-track an appeal against the ban.
The Federal Court of Australia granted Apple’s request for a temporary injunction against the Galaxy Tab 10.1 in Australia on Oct. 13, pending a full trial, which likely won’t take place until 2012. Samsung argued that the injunction would essentially mean that its larger Android tablet was essentially dead in the water in Australia, since it would miss the lucrative holiday buying season.
Samsung immediately signaled its intention to appeal the decision, and on Thursday, the Federal Court in Sydney granted Samsung the right to fast-track its appeal (via the Sydney Morning Herald). While an exact date hasn’t yet been set, the hope on Samsung’s side is that it can get the issue decided quickly, in an effort to overturn the ban ahead of the holiday shopping season.
Samsung initially opposed the fast-tracking of its full Australian hearing in the tablet dispute, owing to the fact that it needed more time to prepare its case, according to its lawyers.
Meanwhile, Apple is wasting no time in making sure its recent victory actually does stop the sale of Samsung’s devices down under. Local retailers have apparently been complying with the injunction order, but online stores haven’t been as eager to take the ruling seriously. Apple is issuing legal threats by letter to some of the offending sites, but the reach of the ruling only goes so far. Companies based in Hong Kong, for example, who wish to sell to Australia might not have to abide by the ruling, depending on how you interpret the letter of the law.
Recent comments made by Steve Jobs in his biography suggest that Apple’s goal (at least under Jobs) was not a cross-licensing agreement or settlement but the ultimate destruction of Android. If that remains the company’s strategy, it’s unlikely that Apple will ignore the issue of online retailers who continue to sell Samsung’s products thanks to legal loopholes.