Galaxy Tab ban overturned, Apple to appeal decision in High Court

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The tablet that is in the middle of a patent war between Apple and Samsung - The Galaxy Tab 10.1 (Image: Samsung)

UPDATED: Apple’s injunction against Samsung has been overturned by the Federal Court of Australia, meaning that the South Korean electronics company can now sell their Samsung Galaxy Tab 10.1 in Australia.

The decision – a unanimous decision by the full bench – also sees Apple paying all costs for the appeal. It also does mean that Samsung’s long awaited tablet, which was meant to go on sale on Vodafone’s network, will not miss the Christmas shopping season.

Samsung has said it is pleased with today’s result.

“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. We believe the ruling clearly affirms that Apple’s legal claims lack merit,” the company said in a statement.

“We will make an announcement regarding the market availability of the GALAXY Tab 10.1 in Australia shortly.”

Apple won the injunction in October, after Justice Annabelle Bennett sided with Apple’s claim that it infringed on its patents. She told the court, according to ZDNet Australia, that Apple would likely walk out victorious based on the evidence if it was presented in a full trial.

Apple, however, unsurprisingly (and possibly unable to admit defeat) is taking this to the High Court. The company asked and was successful to get a stay of orders by Justice Foster so it could file its appeal. It is to last until 4pm Sydney time on Friday.

We’ve asked Apple for a comment. They have not replied at the time of publication.

15:31 – This post has been updated to add Samsung’s statement.

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