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Apple granted temporary ban on Samsung Galaxy Tab 10.1 sales by Federal Court

Interim injunction issued until final judgement is made on the high profile patent infringement case.

The Federal Court has ruled in favour of Apple, granting an interim injunction on the sale of Samsung's Galaxy Tab in the Australian market until a final judgement has been made on the patent infringement case.

Justice Bennett handed down the injunction on October 13 until a final judgement is made.

At the hearing, Justice Bennett said Apple successfully made out a prima facie case with two of its patent infringement claims, specifically for its multi-touchscreen patent and its touchscreen heuristics patent.

“[Apple] has established a probability – not necessarily in a mathematical sense – that it will, on the present evidence, succeed at the trial,” she said.

While the choice to grant or deny will cause respective inconvenience for both vendors, Justice Bennett ruled in Apple’s favour partly due to “Samsung’s unwillingness to be available for a limited early final hearing for November 2011."

She urged both parties to reconsider agreeing on a limited early final hearing for November.

In August, Apple filed a patent infringement lawsuit against the Korea-based electronics vendor in the Federal Court. Samsung has since launched countersuits against Apple for patent infringements as well.

Apple has launched a similar case in the US but targeting a broader range of Samsung mobility products.

Earlier this year, the court in Germany banned the sale of the Samsung Galaxy Tab 10.1 in Europe due to the same patent issues brought up by Apple.

The Australian Court case effectively blocked the sale of the Samsung Galaxy Tab 10.1 in the country for a short period of time.

Despite being adamant it would still launch the tablet by the end of September, Samsung backed out on that plan.

Nominations for the 2012 ARN IT Industry Awards open on Tuesday, June 12.

More about: Apple, Apple., Galaxy, Samsung
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Comments

1

Matt Bancroft

Fri 14/10/2011 - 21:25

jst read this article and it pissed me off so much that i hate apple even more. Allegedly copying the iPad too closely", why doesn't just Apply sue everyone who makes tablets just because they are making tablets...
This is also one reason for why I don't support Apple in any way, I have never had an Apple product in my life and never will.
Actually, what Apple is doing is called litigation. Given that Samsung is making an Android tablet, similar to other Android tablets, and Apple is only blocking Samsung rather than the entire Android range, the only reasonable explanation is that Apple is using lawyers to block competition from a superior product because they are unable to compete in the marketplace. It's a pity that our legal system has been forced to go down the anti-competitive American path.http://tablettechtoday.com/blogposts/samsung-faces-temporary-sales-ban-in-australia.html

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