BREAKING NEWS: Apple Inc has obtained an order from the High Court of Australia staying further the order of the Full Bench of the Federal Court earlier this week lifting the injunction against Samsung’s sale of the Galaxy Tab 10.1.
What this means in plain language is this – the Federal Court lifted the injunction, but delayed the order until 4pm today. What the High Court has done is not re-instated the injunction (per se), but it has extended the delay on the order taking effect. This means, in practical effect, that the injunction continues to apply for now.
The stay of the order lifting the injunction means that Samsung’s sale of the Galaxy Tab 10.1 remains on hold until at least 9 December 2011 when the High Court will again hear the matter and determine whether Apple should be given special leave to appeal the Federal Court’s decision. Legal experts consider that it’s extremely unlikely that the High Court will entertain this appeal, as it does not raise new or novel concepts of law – the law is fairly settled in this area, and the injunction is likely to stand for much longer.