German court bins Apple’s patent case against Motorola

Following a recent UK court decision, Apple has again lost in its attempt to have a competitor banned. The Dusseldorf court found that Motorola’s Xoom tablet doesn't infringe on Apple's Community design patent for the iPad while oddly upholding the validity of the actual design patent itself.

This outcome is just the latest in a series of setbacks for Apple, the company having failed so far to achieve any significant and permanent ban on its competitor’s products. And bans are what each and every case has attempted to extract, in Apple’s “thermonuclear” litigation programme against Android-powered devices. As Android has constantly increased its lead in market share over Apple’s iOS-powered iPhones, and although no single competitor tablet has enjoyed the success of say, Samsung’s Galaxy S III in the smartphone arena, the danger to the iPad’s media tablet market share is very real to Apple.

Apple's suit against Galaxy Tab bombs in UK

Following the recent loss gainst HTC, a UK court has thrown out Apple’s claim that its iPad design was illegally copied by Galaxy Tab maker, Samsung. The judge found that the design of Samsung’s three Tab devices doesn’t infringe Apple’s “registered” design, and ruled that consumers are unlikely to confuse them with the iPad.

Following the judgement, Samsung released a statement slamming Apple for its anticompetitive tactics, claiming… “Should Apple continue to make excessive legal claims in other countries based on such generic designs, innovation in the industry could be harmed and consumer choice unduly limited”.

Apple fined in Oz 4G iPad claim fiasco

The Australian Federal Court has ruled that Apple misled Aussie consumers about the iPad’s network capabilities and fined the iDevice maker AUD$2.2 million with a further AUD$300K in costs to the Australian Competition and Consumer Commission who brought the case to trial.

The court found that Apple had deceived the Aussie public by advertising and promoting the cellular-equipped iPad as “4G” capable, something that is true in its native North American environment.

Android eats into iPad sales in 2011

According to iSuppli, Apple's market-defining media tablet suffered a market share setback in 2011, dipping from the spectacular 87% share it held in 2010, down to 62% in 2011, a 29% drop year on year. This will probably come as a surprise to nobody since the iPad was the tablet market for all intents in 2010, Apple having reinvented the category much as it did with the iPhone.

Android grabs a bigger chunk of the tablet market

iPad share shrinks as Android looks on

Strategy Analytics is reporting that tablet market leader, once seemingly omnipotent Apple, has again lost share to Android in the latest quarter, consecutive quarters indicating that it's now a trend. After a slow start in the tablet space, Android has picked up some real momentum, fueled by a variety of consumer targeted devices from many manufacturers offering the buyer something previously lacking, choice.

While Android's tablet share sat at 29% at the close of 2010, that number has increased to 39% at the end of 2011. In contrast, Apple's share has fallen from 68% to 58% over the same period and you don't need to be a mathematician to work out where the iPad's market went.

Fire Kindles blazing holiday sales

While Amazon famously refuses to provide specific sales numbers for its Kindle range of readers and tablets, it has confirmed that it sold "well over" a million units a week for the whole four week period leading up to Christmas.

Research analyst company Morgan Keegan has predicted around 5 million Kindle Fires were sold which, if correct, would easily make it the largest-selling Android tablet so far. The secret to its success is its price, selling in the 'States for $200 which handily undercuts all other tablets including Apple's iPad and even RIM's heavily discounted PlayBook.

Android's share of the tablet market, initially lackluster, has begun to accelerate with a number of brands and models gaining traction, but ominously for competitors, the Kindle Fire has demonstrated that a good price point will be attractive to the buying public. So much so, in fact, that the market dominant iPad has likely suffered a significant drop in its own market share. Morgan Keegan are expecting the iPad's sales to have been affected by as many as 2 million units by the Fire alone, with their estimate for the December quarter down from 16 million units to 13 million.

The iPad sold 11.2 million units in the previous quarter, which suggests a growth in the December quarter of nearly 2 million, but this rate of growth is significantly slower than previously and notably weak in what has always been Apple's best quarter for all its products. On the other hand, the Android tablet share has been demonstrating an increased growth rate even prior to the Fire's launch. So the figures for the tablet wars are likely to show the iPad as having suffered a dramatic loss of market share when all the Q4 research is reported.

Source: Morgan Keegan