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

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.


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Tags Applesamsungcourt caseFederal Court of Australia

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