Tuesday , June 5 2018

Federal Court overturns ban on Samsung Galaxy Tab 10.1

We will have more detail soon, but we have news from the Full Bench of the Federal Court of Australia today that it has overturned the earlier ban on Samsung’s sale of the Galaxy Tab 10.1 in Australia. The order lifting the injunction though has been stayed until 4pm Friday, because Apple has indicated its desire to appeal the Federal Court’s decision to the High Court.

In outlining this stay, Justice Foster told Apple:

“I think that if you wish to extend that stay you will have to do that in the High Court.”

The effect of the stay is that while the Federal Court has overturned the injunction, the order doesn’t actually take effect until 4pm Friday. This gives Apple Inc. time to file appeal proceedings in the High Court, where it can seek to extend the stay – or the delay in implementing the Federal Court’s order – until such time as the High Court reaches a decision on the appeal. There is no guarantee that the High Court will continue the injunction, however it is a definite possibility, so don’t start celebrating your ability to by a Galaxy Tab 10.1 just yet – it might not happen.

Last month, the Federal Court issued a temporary injunction against Samsung, preventing the sale of the Galaxy Tab 10.1 in Australia, after Samsung rival Apple Inc alleged that the Galaxy range of tablets and smartphones were too similar to its iPad and iPhone products.

The companies have been before the courts in ten countries over smartphone and tablet patents since Apple 2011, with the Australian dispute focusing on touch-screen technology patents, and minor ones at that.

Further news to come.

Source: Sydney Morning Herald.

Chris Rowland   Editor and Publisher

Chris has been at the forefront of smartphone reporting in Australia since smartphones were a thing, and has used mobile phones since they came with giant lead-acid batteries that were "transportable" and were carried in a shoulder bag. He saw the transition from AMPS to GSM, loved the Motorola StarTac, and got into Palm technologies in a big way. The arrival some years later of the original iPhone, and then the early Androids, awoke a new interest in mobile technology, and Chris has been writing about it since.

Today, Chris publishes one of Australia's most popular technology websites, Ausdroid. His interests include mobile (of course), as well as connected technology and how it can make all our lives easier.

15 comments

  1. Do we know if the will release the 10.1 or the 10.1n? It would be in their best interest to release the 10.1n.
    Good work anyway Samsung – bring on the 7.7!

  2. Samsung might win…..but its apple who really won by blocking it till now and now everyone is looking for Quad core tabs….and ipads are on sale by all major carriers…..and more over this is not the thinnest tab anymore. look at the Asus Transformer prime. its more sleek, With micro SD and HDMI out 🙂
    sorry samsung u r late 🙁 

  3. Id have [email protected]

    Similar.. Ok they are.. Both cone in white and black hahahaha

  4. If Samsung market this in time for Christmas at around $250 they will clear all their stock. Sure they will lose money,but it is superseded tech, there are better options now, and even better coming. Would have to be in their interest to sell them and make at least some dollars towards the cost of the tablets. I’d buy a couple at that price.

  5. It seems a little ridiculous that a full bench of the Federal Court has voted unanimously to overturn the injuction but allow the injunction to stay until Friday pending an appeal by Apple to the High court to allow the injuction to remain in force until a full appeal is heard.

    • Have they not voted in favour of Samsung on the arguments, but let the injunction stand, pending appeal? Nothing ridiculous about that.

      The point of an injunction so to maintain the status quo untill a decision is reached on whatever the argument is about. 

  6. Best way to beat the competition? Get a court order preventing the competition from selling.

  7. As much as I’m happy with the verdict, the damage has been done. The Asus tablet is around the corner with better specs for the same price. Damage has already been done with lost sales.

  8. great news apple u cant rule legal system ,,, good on u samsung 

  9. Just in time for Christmas

  10. The decision by the Federal Court was a unanimous one, Chris, that is somewhat significant, I would think. Also, in the discussions about this case over on Whirlpool, there is a question as to wether or not the High Court would actually hear the appeal being sought by Apple, as the original case still has not been fully heard.

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