Apple’s claim that the Samsung tablet’s release in Australia will hurt iPad sales may carry little weight if it doesn’t provide the numbers, Federal Court Justice Annabelle Bennett said in Sydney Federal Court today.
“Unless Apple puts on evidence showing the impact in the U.S. or U.K., I can’t draw any positive assumptions,” Bennett said.
So Apple may not be able to get the Samsung Galaxy banned in that country unless it shows the impact on sales figures.
Crazy and impossible. I wonder what her criteria are for assessing the impact of Samsung’s clones? This is a little like RIAA putting a price on downloaded & shared music.
Still though, whether or not it will impact sales is independent of whether or not the Tab is infringing on various patents, copyrights, or trademarks. It’s possible she may still rule in Apple’s favor, but simply reduce the penalty aimed at Samsung because of the low impact they’ve had.