Apple and Samsung's bitter legal battle continue on as an Australian Judge said today Apple needs to show evidence of the Galaxy Tab's U.K. and U.S. launch hurting iPad sales before she can order an injunction.
"Unless Apple puts on evidence showing the impact in the U.S. or U.K., I can't draw any positive assumptions," Australian Federal Court Justice Annabelle Bennett said.
Samsung is requesting for Apple to show the sales figures from both the U.K. and U.S. launch as they believe the numbers will show the Galaxy Tab's release had little effect on iPad sales.
"People want an Android product, so they will buy an Android product," Samsung's Lawyer, Neil Murray, said. "This is not impacting sales of Apple."
Bennet maintains she wont force Apple to release sales figures and went as far as to deny Samsung's request for them, but it is obvious for the injunction to be awarded Apple is going to have to present something.
Perhaps most peculiar is Samsung's strategy. Samsung wants Apple to show the judge iPad sales figures to prove their Galaxy Tab release was so insignificant, in two major markets, that it had little to no impact on their largest and most direct competitor's sales. What does that say about Apple's competitors products? Is Samsung admitting their sales were so bad, and their product so impossibly insignificant that there is no way Apple should be awarded an injunction or win any of these patent suits?
Apple's lawyers are arguing that the "remarkable similarity of the Samsung product" both "functionally and appearance" wise makes it obvious Samsung is taking sales away from Apple. It seems like a Catch-22 for Apple. Even if Samsung's product is infringing on Apple patents, the sales figures for the iPad have been so out of this world, providing them to the judge will cut Apple's argument off at the knees. Apple's products have become so successful and their competitors' products so not, they can't even argue in court that their competitors are hurting iPad sales.
I guess this is a good problem to have if your Apple, and a embarrassing one to have if you're Samsung.
Source: Bloomberg
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