Court overturns Samsung Galaxy Tab ban in Australia

Samsung achieved a small victory in its ongoing legal battle with Apple in Australia when the Court there overturned the injunction against the Samsung Galaxy Tab 10.1

The Sydney Morning Herald is reporting that Samsung has achieved a small victory in its ongoing legal battle with Apple in Australia. A few months ago, Apple was able to attain an injunction precluding Samsung from selling its Galaxy Tab 10.1 tablet in the land down under, though some re-sellers conciously disregarded the court order and shipped in said tablets from overseas for resale in Australia.

But that's all a moot point now as Samsung's lawyers were successful in overturning the injunction.

The full bench of the Federal Court - Justices John Dowsett, Lindsay Foster and David Yates - today unanimously reversed a Federal Court judge's ruling last month that Samsung's Galaxy Tab 10.1 be banned from sale in Australia.

"Samsung will be permitted to launch the Galaxy Tab 10.1 in Australia provided it keeps accounts of all transactions involving that device in Australia," the judges wrote in their judgment.

But as you might expect, this isn't the end of the legal tug of war. The Herald notes that Apple was granted a temporary stay to the extent that the Galaxy Tab 10.1 will still be barred from sale until Friday so that Apple has time to file an appeal. Naturally, Samsung's lawyers see no merit in the stay, arguing that it worked to "prolong the injustice held against Samsung."

Still, Samsung must be exceedingly pleased that their tablet will now likely be available for purchase during the busiest shopping period of the year.


Copyright © 2011 IDG Communications, Inc.

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