Earlier this month, Apple Inc. was applied to the Australian Federal Court for an injunction stopping Samsung from promoting or selling its new "Galaxy Tab 10.1" in Australia – Apple submitted that the Samsung product infringed ten registered Australian patents involving screen touch technology, as well as the "look and feel" of the iPad. During a break in the hearing, legal counsel for Apple and Samsung reached a temporary settlement regarding the dispute, with Samsung agreed to stop advertising the Tab 10.1 in Australia, and to undertake not to sell the product in Australia without court approval or Apple's consent. A close analysis of Apple's patents and the Tab 10.1, shows that Apple's claims are well founded and that the most sensible approach for Samsung, will be to substantially alter how the Tab 10.1 works, or to look at trying to negotiate some kind of licensing arrangement with Apple for some of the key technology used in the Tab 10.1. Similar cases are pending in the US, Korea, Japan and Germany – the relevant patents in these countries and legal principles involved could mean that Samsung could be successful in some countries, whilst unsuccessful in others, leading to some kind of worldwide settlement agreement.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.