High Court thwarts Apple attempt to extend Samsung Galaxy Tab 10.1 ban

The Full Federal Court’s decision to throw out the interlocutory injunction on the Samsung tablet has been upheld by the High Court

Samsung has received an early Christmas present with the High Court killing Apple’s attempt to maintain the sale ban of the Galaxy Tab 10.1 in Australia.

Apple took Samsung to the Federal Court in October, accusing the Korea-based vendor of infringing several patents with the Galaxy Tab 10.1.

The Court subsequently placed a temporary ban on the sale of the tablet device. This decision was reversed last week on appeal in the Full Bench of the Federal Court and Apple decided to take matters to the High Court, applying for an expedited special leave application that would hold off the lift on the Galaxy Tab 10.1’s sale ban.

One of Apple’s arguments against the Full Court’s decision what the insufficient time the judges had to review the case before making a decision to reverse the initial interlocutory injunction.

Unconvinced of the vendor’s argument, the High Court has denied Apple’s application of special leave, citing the Full Court had already made “detailed consideration of the strength of the arguments in this case”.

The ban on the Samsung Galaxy Tab 10.1 has been lifted and should hit Australian shelves in time for Christmas.

"Samsung Electronics Australia is pleased with today’s judgment by the High Court of Australia to deny Apple’s request to appeal the decision of the Full Court," Samsung said in a statement. "The Full Court of Australia decision on November 30 clearly affirmed our view that Apple’s claims lack merit and that an injunction should not have been imposed on the Galaxy Tab 10.1."

The Korean vendor has already responded to Apple’s court actions with a patent infringement counter-suit. Samsung claims Apple violated a number of patents with several of its iPhone products including the iPhone 4S which was released in Australia in October.

The hearing for the counter-suit has been set for March next year with the outcome likely to determine whether the iPhone 4S would be banned from sale in Australia.

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