Late last month, we noted that Apple had begun notifying Australian resellers of the Samsung Galaxy Tab 10.1 of the injunction prohibiting the sale of the device in that country. While the injunction applies only to Samsung, Apple's notice of infringement would make it easy for the company to target the retailers with separate suits.
dMavo's note of defiance on its Galaxy Tab 10.1 order page
(Note has been removed since this weekend)
But The Sydney Morning Herald reports that at least one retailer is prepared to stand up to what it believes is a bluff on Apple's part, taking steps to engage in a cat and mouse game with the company.
At least one, dMavo, said it had created a separate entity in Europe to place it outside the jurisdiction of Australian courts, with the tablets delivered to customers from Asia.
"We have a new entity established and a separate server - just to deal with the tablet orders - that is undergoing testing as of last Saturday," dMavo managing director Wojtek Czarnocki said.
"Was Apple just bluffing or do they really want to play the cat and mouse game? We're up for it."
Czarnocki notes that the changes imposed very little cost for his company while opening the door for a flood of sales with the injunction against Samsung itself hampering supplies from other channels. dMavo has indeed been experiencing server troubles over the past few days, as interest in the company's offerings and the publicity surrounding its stand against Apple has tested its capacity.
One patent attorney consulted by The Sydney Morning Herald suggests, however, that dMavo may have opened itself up to significantly more risk with the moves demonstrating its open defiance of the injunction. If dMavo's Galaxy Tab revenue is shown to funnel back to Australia in any way or have other connections to Australian companies, the company could be found liable for infringement.
[Patent specialist Mark] Summerfield said Apple might now be compelled to take action to avoid appearing weak. He said Australian judges would not look kindly on dMavo's attempts to bypass the injunction and "are almost obliged to find some way to punish it to ensure that the courts retain their authority".
For its part, dMavo is banking on a November 25th court date for Samsung's appeal of the injunction, hoping that Samsung can win its case and have the injunction lifted before Apple can come after dMavo.
