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Apple's worldwide court battles against Samsung: where they stand and what they mean

Samsung has once again delayed the release of its Galaxy Tab 10.1 in Australia to evade an injunction against the device in that country.  Samsung may be attempting to find workarounds …

Ars Technica Chris Foresman

Context & Ripple Effects

By August 2011, Apple and Samsung are locked in confirmed patent litigation spanning multiple jurisdictions at once, and Australia has become the sharpest flashpoint: an injunction stands against the Galaxy Tab 10.1 there, and Samsung's response has been to delay the device's Australian release rather than challenge the ruling head-on.

That makes the Australian case a test of whether courts can function as a product-launch weapon. Apple is pursuing the same core claims country by country, while Samsung absorbs launch delays in individual markets instead of settling globally — a structure that keeps every other jurisdiction's ruling consequential for the whole tablet line.

First-order effects

  • Samsung loses the Australian launch window for the Galaxy Tab 10.1 outright, with each further delay compounding lost sales in a market where the injunction remains in force.
  • Apple gains leverage beyond Australia: every injunction it wins raises the cost of Samsung shipping the same hardware anywhere else, pressuring Samsung toward design changes or settlement.

Second-order effects

  • Samsung is pushed toward engineering workarounds — modified hardware or software for blocked markets — diverting product resources into legal-driven redesigns of a flagship tablet.
  • Australian retailers and carriers face inventory risk on a device whose availability can be revoked by court order, making them cautious about committing shelf space and marketing to it.

Third-order effects

  • If injunction-first litigation becomes standard practice, global tablet and phone launches fragment by jurisdiction, with release schedules set as much by court calendars as by supply chains.
  • Design-around engineering hardens into a routine cost of competing in mobile, shifting some of the industry's R&D effort from differentiation against rivals to compliance with rivals' patents.

The trend: Mobile-device competition in 2011 is increasingly fought through multi-jurisdiction patent injunctions that delay rival launches market by market, making courtroom strategy a core part of product rollout planning.