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Samsung wins right to sell Galaxy Tab in Australia

By Ritika Sharma

| December 1st 2011 | Views:

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Samsung wins a battle in the patent wars against Apple.

An Australian court has ruled against Apple, lifting the temporary sales injunction on Samsung's Galaxy Tab 10.1 tablet in the country. Apple has until Friday to file an interlocutory application to appeal against the decision.

The verdict was delivered by Federal Court Justice Lindsay Foster in Sydney on behalf of a three-judge appeal panel. The decision is good news for Samsung, who has been working hard to get the ban overturned so it can sell its newest Galaxy tablet during the lucrative Christmas shopping season.

Expressing satisfaction, the company said in a statement, “Samsung Electronics Australia is pleased with today’s unanimous decision by the Federal Court to lift the preliminary injunction on sales of the Samsung Galaxy Tab 10.1. Samsung isn’t taking it lying down. The electronics company used the redesign strategy for a few smartphone models after sales of the original were blocked due to legal challenges by Apple.

“We believe the ruling clearly affirms that Apple’s legal claims lack merit. We will make an announcement regarding the market availability of the Galaxy Tab 10.1 in Australia shortly.”

Samsung’s win means it will be able to resume sales of its high-end tablet computer in Australia as early as Friday, if Apple's appeal is rejected.

Friday deadline to appeal decision:- Meanwhile, Apple has until Friday to file an interlocutory application to appeal against the decision.

Apple had secured a temporary sales ban on Samsung Galaxy Tab 10.1 in October, accusing the Korean firm of violating its intellectual patents including swipe and touchscreen innovations, used in iPad 2.

The court's ruling meant that Samsung could not sell, advertise, or even take pre-orders until the court case had been resolved. However, today's win means it will be able to resume sales of its high-end tablet computer in Australia as early as Friday, if Apple's appeal is rejected.

Apple intends to apply to the High Court in Canberra to have this latest decision overturned and the injunction restored.

Apple-Samsung war:- The legal war between Apple and Samsung continues unabated. The two are locked in fierce patent litigation in several countries including the United States, Japan, France and Australia. It began in April when Apple filed a suit against Samsung in the United States, openly accusing the tech giant of blatantly copying the designs of its iPhone and iPad devices.

Samsung isn’t taking it lying down. The electronics company used the redesign strategy for a few smartphone models after sales of the original were blocked due to legal challenges by Apple. Apple had secured a temporary sales ban on Samsung Galaxy Tab 10.1 in October, accusing the Korean firm of violating its intellectual patents including swipe and touchscreen innovations, used in iPad 2.

Meanwhile, Samsung has also filed suits against Apple for violating multiple wireless technology patents. It is also trying to get the iPhone 4S banned in four countries including Australia.

Ritika Sharma - About Author:
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