Samsung appeals Galaxy Tab 10.1 injunction

Stephen Withers
Friday, 28 October 2011 08:27

Your IT - Mobility

Samsung is making an all out effort to overturn an Apple injunction against sales of iPad 2 look-alike the Galaxy Tab 10.1 in Australia by appealing to the full bench of the Federal Court. The outcome of the appeal could have global ramifications for both companies and the tablet market as a whole.

Samsung is appealing the temporary injunction granted to Apple to prevent the sale of the Samsung Galaxy Tab 10.1 tablet as it allegedly infringes two Apple patents, and the Federal Court has agreed to expedite a hearing.

The two companies are fighting it out this matter in courts around the world, and Samsung is also trying to block the sale of the iPhone 4S in Australia and Japan claiming patent infringements.

Apple won a temporary injunction banning the sale of the Galaxy Tab 10.1 in Australia, but yesterday Federal Court Justice Lindsay Foster ordered Samsung's appeal should be heard as soon as practicable, with the week of November 21 as as the target. Samsung's lawyers are arguing that Federal Court Justice Annabelle Bennett (who granted the injunction) made errors of law and based her decision on irrelevant considerations.

A significant number of tablets are likely to be purchased in the run-up to Christmas, so an early resolution is particularly important to Samsung. From Apple's perspective, the longer the injunction remains in place the better.