Feeds

Apple to Oz court: ‘Our products are lame, really’

Can’t let people taste the forbidden Android fruit

High performance access to file storage

Lawyers, it seems, don’t have to clear the things they say to judges with the corporate PR department. So it is that in the Apple vs Samsung hearing in the Federal Court in Sydney yesterday, Apple in effect told the court its iPad is too lame to withstand competition.

If that statement sounds a little strong, here’s what Apple’s lead barrister, Stephen Burley, said: "Once the Galaxy Tab goes to a purchaser who invests and purchases apps on the Galaxy Tab, we have lost them forever in relation to apps and interactivity because they will then be Android people."

Apple, in other words, believes any non-Apple sale represents a customer lost forever – someone buying the Galaxy 10.1 would never see a reason to buy an iPad. That’s a remarkable statement coming from a company that’s estimated to own on the plus side of 75 percent of the Australian tablet market and as much as one-third of the total mobile computing market in this country.

Cupertino may have a point: according to figures released yesterday by IDC, Android devices are surging in Australia and New Zealand. Apple's 75 percent share of shipments in Q2 is a fall from the 83 percent of shipments Cupertino enjoyed in Q1, and IDC is predicting a fall to 70 percent by year-end.

Apple’s concerns underline the reason it’s so keen to forestall competition in the tablet market: its strategy to wrap up the customer in a nice warm Apple-controlled ecosystem slips the instant any customer buys from anybody else.

Local journalists were surprised when Apple’s Richard Lutton, once head honcho of patent lawyering, was called by the judge. They shouldn’t have been: the fact that he was available to be called means that Apple had already notified the court that he would be present and would testify. Exactly what Lutton had to say is largely confidential, with the media and the public excluded from the court for his testimony.

Justice Annabelle Bennett said she hopes to make a judgment about whether or not Sumsung can put the Galaxy 10.1 on sale in Australia next week. Samsung told the court that the ongoing delay has already created a “grey market” in the product, with customers importing devices from overseas rather than wait.

Apple also revealed that it spent much of 2010 in negotiations with Samsung, but these were terminated in February of this year.

According to IT News, Samsung has decided to remove one of the features at issue from devices sold in Australia. “Selective rejection”, a software feature that tries to avoid accidental touches being interpreted as user actions, is a feature that Samsung can “live without”, according to Samsung’s barrister, senior counsel David Catterns.

With two other items already dropped from the case – US patent 2008258177, covering a slider icon; and the “zoom bounce” patent 2009208103 – the key remaining patents at issue cover heuristics and iPad touch-screen manufacturing techniques (patents 2007286532 and 2005246219, respectively).

The two companies return to court Friday afternoon (Australia time). However, a decision or whether and when Samsung is allowed to market the Galaxy 10.1 in Australia is unlikely before next week.

Any further delay is likely to put a spoke in the wheels of Samsung’s Christmas marketing plans. ®

High performance access to file storage

More from The Register

next story
Audio fans, prepare yourself for the Second Coming ... of Blu-ray
High Fidelity Pure Audio – is this what your ears have been waiting for?
Dropbox defends fantastically badly timed Condoleezza Rice appointment
'Nothing is going to change with Dr. Rice's appointment,' file sharer promises
Nokia offers 'voluntary retirement' to 6,000+ Indian employees
India's 'predictability and stability' cited as mobe-maker's tax payment deadline nears
Apple DOMINATES the Valley, rakes in more profit than Google, HP, Intel, Cisco COMBINED
Cook & Co. also pay more taxes than those four worthies PLUS eBay and Oracle
It may be ILLEGAL to run Heartbleed health checks – IT lawyer
Do the right thing, earn up to 10 years in clink
France bans managers from contacting workers outside business hours
«Email? Mais non ... il est plus tard que six heures du soir!»
Adrian Mole author Sue Townsend dies at 68
RIP Blighty's best-selling author of the 1980s
Zucker punched: Google gobbles Facebook-wooed Titan Aerospace
Up, up and away in my beautiful balloon flying broadband-bot
Analysts: Bright future for smartphones, tablets, wearables
There's plenty of good money to be made if you stay out of the PC market
prev story

Whitepapers

Mainstay ROI - Does application security pay?
In this whitepaper learn how you and your enterprise might benefit from better software security.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Mobile application security study
Download this report to see the alarming realities regarding the sheer number of applications vulnerable to attack, as well as the most common and easily addressable vulnerability errors.