Apple v Samsung Just The Tip of The Iceberg

With a $US76 billion war chest, Apple is unlikely to back down and has accused Samsung of "stealing our ideas" and "blatant copying" in both tablets and smartphones. Apple's copycat claims range "from the shape of the hardware to the user interface and even the packaging".

Foad Fadaghi, a telecommunications analyst with Telsyte, said it was difficult to see how Samsung could resolve this issue.

"Without Samsung providing specifics of the differences [between the US and Australian versions of the Tab] and putting them to test in the courts, it's very difficult to determine how this situation will be resolved," he said.

A settlement is likely, lawyer says

But Australian patent attorney Mark Summerfield, who blogs on patent law on his site, Patentology.com.au, said it was unlikely courts would award Apple an injunction preventing sales of the modified Australian version. He said any case could run for years but a settlement would likely be reached. This could involve Samsung paying Apple some sort of compensation.

Given that Samsung and Apple are in court over similar issues in the US, Germany, Britain, France, Italy, the Netherlands, Japan and South Korea, Summerfield said "this action in Australia is at best a strategic move by Apple, and at worst a mere sideshow, nothing more than a brief storm in a teacup".

"Long before any resolution in the Australian case, Samsung and Apple will settle all of their suits on a worldwide basis," he said.

In the US, Apple has applied to the International Trade Commission seeking to block US sales of various Samsung Galaxy smartphones and tablets. Today the ITC said was launching an investigation into Apple's claim and its request for a "cease and desist order".

Vodafone Hutchison Australia said yesterday it would not stock the Galaxy Tab 10.1 until the Australia court case is resolved.

Aussie Galaxy Tab 'still in production'

This morning Samsung maintained that the Galaxy Tab 10.1 was still on track to launch in Australia "in the coming months". It would not comment on the differences between the US and Australian Galaxy Tab models, saying the latter was "still in production".

"We are confident that the Galaxy Tab 10.1 will not violate any of the plaintiff's patents," Samsung said.