Samsung overturns Australian Tab ban

Samsung scores a win against the grain in legal battle with Apple
Darren Allan
Darren Allan -

Samsung-Galaxy-Tab-10.1-2

Samsung has managed to fight a comeback against Apple down under, and it seems likely that its Galaxy Tab slate will be on sale in Australia this Christmas.

This reverses the trend in court of late, where Apple has been successfully hauling Samsung over the legal coals without mercy.

Apple had already achieved a block on the Galaxy Tab due to patent issues in Germany, and last month it managed to achieve the same feat in Australian courts, with a judge holding up the release of the Tab in the country.

Justice Annabelle Bennett noted that Apple had “established a prima facie case for an entitlement to relief on the Heuristics Patent.”

However, Samsung appealed this decision, unsurprisingly, but perhaps more surprisingly given the way things have been going lately, the company won through on the appeal and can now launch the Galaxy Tab.

Well, actually it can’t just yet, because a delay to the end of the week has been imposed on lifting the ban, and Apple may well appeal this appeal decision at the high court. It’s the usual ding-dong courtroom stuff.

However, given the federal court’s judgement was fairly clear about the initial ruling being incorrect, it seems likely that Samsung will shortly prevail and be able to get its tablet on Aussie shelves before Christmas comes.

Samsung is also currently trying to get around the German ban by issuing a new model of the Galaxy Tab which is slightly modified, although it goes without saying Apple has the alternative slate in its legal sights.






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