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.
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!
I’d think the opposite, it would be better to sell the original 10.1 just to stick the boot in.
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 🙁
Id have one@250…
Similar.. Ok they are.. Both cone in white and black hahahaha
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 Sure they will lose money,but it is superseded tech, there are better options now, and even better coming.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.
man, if they’re going for that price, or even close, say around $300, I’ll get one for sure.
Even at $300 they’d still be great value for money. Unfortunately, we have to wait until Friday to see IF we’ll actually have any reasonable opportunity to get one.
Kogan has got them on their catalogue now: http://www.kogan.com.au/shop/category/android-tablets/.
A 16 gb wifi is at $449 though.
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.
Best way to beat the competition? Get a court order preventing the competition from selling.
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.
great news apple u cant rule legal system ,,, good on u samsung
Just in time for Christmas
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.