Australian High Court reinstates Galaxy Tab ban for 7 days

By Lee Kaelin on December 2, 2011, 10:00 AM

Samsung scored a rare victory on Wednesday as it managed to overturn an injunction preventing the sale of Galaxy Tab 10.1 tablets in Australia. The Federal Court of Appeals unanimously ruled in favor of lifting the injunction after it became apparent that Justice Bennett, who instated the injunction, did so without following correct procedure.

Apple was told they had until Friday 4PM (05:00 GMT) to appeal the decision in the High Court, otherwise Samsung would be released of its shackles and could start selling the tablet in the country once again.

The Cupertino-based company took that last remaining option and was able to extend the injunction another seven days, until December 9, in order for the High Court to hear Apple's appeal. Speaking to the court, Justice John Dyson Heydon ruled that the order made by the Federal Court of Appeals "be stayed pending the termination of applicants application for special leave to appeal."

The "high-velocity" unveiling of the Galaxy Tab into the Australian market "confirms the need for a stay," Apple’s lawyer Stephen Burley told the judge. "Even a short release of the product can cause irreversible harm to Apple and Samsung won’t be able to compensate Apple for those damages."

“A stay for one week will cost Samsung, in effect, one week’s trade," Justice Heydon said following the hearing in Sydney, adding that the extension will hurt Samsung but "not to extend the status quo is likely to be injurious to Apple."

"This is a critical period of time, [...] even one day can make a difference," Samsung’s lawyer, Katrina Howard, told Justice Heydon. Samsung released a statement following the hearing claiming Apple had no basis for appeal and would vigorously oppose it in court. They have also made it clear if they cannot sell the tablet to the Australian market by Christmas they will scrap selling it there altogether.

The two firms remain locked in an ever-increasing number of lawsuits spreading across the globe. Samsung has also filed lawsuits claiming the iconic computer and tech retailer uses its 3G wireless patented technology in its iPhone and iPad products. The South Korean technology firm is now pushing to have sales of both those devices banned in Australia and other countries in retaliation.




User Comments: 9

Got something to say? Post a comment
peperonikiller peperonikiller said:

at this point who cares

lipe123 said:

At this point I care even more, how much more of this patent trolling do we need before a proper fix will be implemented?!

This is just plain BS and sentences like "Even a short release of the product can cause irreversible harm to Apple and Samsung won?t be able to compensate Apple for those damages."

Really Apple? F*^* you!

waterproof said:

Apple needs to be stopped. Their bs game trying to sue other companies for patent copyrights and all that is a joke. Apple didn't invent. They took what already existed and throw in an OSX and a larger screen, call it an ipad.

Guest said:

people power people! if no one buys apple then apple will get the message!

chaboi390 said:

Guest said:

people power people! if no one buys apple then apple will get the message!

we all know thats never going to happen

Guest said:

Apple WILL pay for it's sins eventually.

Guest said:

less than a decade ago, the south koreans BANNED ALL cell phone sales in korea if it was not made by a korean company. it is because of that that samsung, lg, and some other company are as big as they are today. they had a guaranteed market, then they spread to other countries, and several years later korea dropped the ban after their companies already had market dominance. they CHEATED. thats not a free market. samsung, lg, and the other company shouldnt even be allowed to sell their crap anywhere. and ignorant people who dont know this just keep buying their crap. Germany already banned samsungs tablet, now australia, hopefully the rest of the world. if you dont know/believe this, go look it up.

Guest said:

Sooner or later Apple will patent winning a law-suit. Then everybody who wins a in court will have to pay them...

And to think I used to be an Apple-fan (hangs his head in shame).

Marv Marv said:

Guest said:

less than a decade ago, the south koreans BANNED ALL cell phone sales in korea if it was not made by a korean company. it is because of that that samsung, lg, and some other company are as big as they are today. they had a guaranteed market, then they spread to other countries, and several years later korea dropped the ban after their companies already had market dominance. they CHEATED. thats not a free market. samsung, lg, and the other company shouldnt even be allowed to sell their crap anywhere. and ignorant people who dont know this just keep buying their crap. Germany already banned samsungs tablet, now australia, hopefully the rest of the world. if you dont know/believe this, go look it up.

Because on the other hand it's not at all possible that the US and the EU have been using protectionist policies in order to artificially favour their own businesses instead of competing foreign businesses.

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