Samsung Galaxy case begins to unravel for Apple

Not long afterwards losing an Australian Federal Court injunction case against Samsung to prevent sales of the iPad 2 lookalike Galaxy tablets, Apple has lost a similar injunction bid in the US. Appeals to higher courts nevertheless, Apple's court cases could turn around and deliver a vicious bite to its backside.

However, the victory is short term in the best case and may even hold a hidden sting in its tail that may strike Apple if it ultimately loses its cases in the US, Australia, Europe and other markets.

Like Apple's attempt to sue Microsoft in 1988, claiming Windows infringed its Mac OS GUI patents this attempt to beat a major competitor using courts will ultimately fail.

The bottom line is that

The bottom line is that, unlike a software platform, design is a hard thing to defend. The Samsung products may look and perform similarly to iPad and the iPhone range nevertheless they use different software.

Samsung's Galaxy tablets and phones implement their graphical user interfaces using the Android operating system not iOS.

Apple's attempt to sue Samsung because it has implemented a similar GUI is nearly an exact replay of Apple versus Microsoft 23 years ago and is similarly doomed to fail.

In markets just as Germany and Australia, where Apple has successfully kept Samsung products off shelves, the stakes could be high if Apple ultimately loses its case.

Samsung may already be consulting with its legal team about suing Apple for compensation - something that may as well be keeping Apple's legal team up at night.