The Full bench of the Federal Court has decided to overturn the injunction which banned the sale of the Samsung Galaxy Tab 10.1 but Apple has until Friday to turn the tides.
In October, Justice Bennett of the Federal Court granted an interim injunction on the Galaxy 10.1 which prevented the promotion and sale of the device in Australia as a result of Apple’s patent stoush with Samsung.
Samsung appealed the decision.
The Full Federal Court consisting of Justice Dower, Justice Foster and Justice Yates has now ruled that Samsung should be able to sell the Galaxy Tab 10.1 in Australia.
Unsurprisingly, Apple applied for a stay on the decision until December 5. It claimed to overturn the injunction would cause the company “immediate and irreparable harm”.
Samsung opposed Apple’s request for a stay, noting it had already suffered enough from the imposed injunction thus far.
The Full Court has granted a stay on the decision until December 2, 4pm. Apple can submit evidence to oppose the decision until that time but if the vendor wants an extension of the stay it would have to apply to the High Court.
Apple has launched similar court action against Samsung in several other countries. In German, Samsung has tendered a redesigned Galaxy Tab 10.1 to the local court in a bid to overcome a permanent ban on the device.
Samsung isn’t taking it from Apple lying down, launching its own countersuit in Australia in an attempt to ban the sale of the Apple iPhone 4 and iPhone 4S.
The case will be heard in the Federal Court in March.