Samsung Allowed To Sell Galaxy Tab In Australia - For Now
Nick Gilbert
at 14:58 PM Nov 30 2011
The Galaxy Tab 10.1 running Honeycomb Android
Gadgets // 

In the world of patent law, it's sometimes a little hard to know what's going on. For instance, today, Samsung successfully managed to have an injunction on sales of their Android-based Galaxy Tab 10.1 in Australia lifted. Except, it's not until Friday that the lifting will actually occur, presumably so Apple can potentially overturn the overturning. Or something.

The ruling was today handed down by the three-person Full Court of the Federal Court, overturning the injunction previously awarded in Apple's favour. This would have allowed Samsung to begin selling the device as soon as they were able to logistically make it happen, which they've previously declared to be about a week from a favourable ruling.

However, Apple, in reply to the overturning of the original Federal Court injunction, asked for a stay of orders until 4pm this Friday, so that Apple can prepare a response to be lodged in the High Court. This request was granted by Federal Court Justice Lindsay Foster.

So, of course, what this means is that we still potentially have a long way to go before we see any resolution to this case, with the case almost certain to spend some time in the High Court. Apple will doubt doubt seek to have an injunction on sales placed on the device while it's still before the courts. But, given that Samsung stands to lose a lot by having their iPad 2 rival kept from market over the Christmas season, a drawn out case is probably in Apple's favour.

The original injunction is only a small part of the battle between the two companies, also butting heads over 3G technology patents, and also on whether people should be allowed to wake up their touch screen phones by using their touchscreens.

[via Ninemsn]

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