More gadgets could be blocked from Australia as Samsung forced to further delay Galaxy Tab

The tech industry should be prepared for more litigation over patents and the possibility that more products could be blocked from sale, experts are warning, after Apple yet again blocked Samsung from selling its Galaxy tablet in Australia yesterday.

The move comes after Apple successfully blocked the Korean electronics giant from selling some of its smartphones in Europe as well, alleging similar patent infractions.

Telsyte research director Foad Fadaghi says consumers can be “guaranteed” there will be similar types of cases “for years and years to come”.

“This is why businesses patent technology, that is to protect their intellectual property and head off any challenges down the track,” he says.

“We’re probably just seeing the tip of the iceberg, and more of this litigation is guaranteed.”

The battle between Apple and Samsung was taken to a new level yesterday. Originally the launch of the Galaxy Tab 10.1 was delayed because Apple said Samsung was infringing on some of the company’s patents.

However, Samsung said that it was selling two versions of the Galaxy Tab in Australia, and that the dedicated Australian version was slightly different. Apple said it still believes the device infringes on its patents.

Samsung’s counsel has agreed to delay any launch of the device until late September. The company has also complicated matters by stating it intends to counter-sue.

The battle is only the latest between both the two companies and others within the tech industry. As more consumer electronics groups start patenting technology, and other businesses start acquiring patents, a complicated system has arisen where different manufacturers own the patents for other devices.

Multiple patent lawsuits have been continuing between giants including Apple, HTC, Google, Microsoft and Samsung. Public controversy has also arisen over a recent patent bid, where Google accused Microsoft and Apple of teaming up to buy a trove of patents from Nortel.

Google responded by purchasing the mobile business of Motorola, stating that its patent holdings were a key consideration in the decision.

While until now lawsuits have mostly been settled out of court, Apple has now demonstrated it is prepared to block the sale of devices in other countries. Fadaghi says while it is likely many of these lawsuits will settle, further litigation resulting in restrictions on sales should be expected.

This raises considerable problems for businesses, which may advertise a product only to find out it cannot be sold.

“That is going to be a challenge for the vendors themselves, managing expectations for customers and ensuring that they have products that will be defendable in court under the circumstances,” Fadaghi says.

“As an overall trend, you can expect more litigation, more settlements. We’re in for a tumultuous period of litigation.”