Samsung Galaxy Tab 10.1 sales ban in Australia overturned

Samsung has won a major court battle today in its ongoing patent war against Apple. ZDNet Australia reports that the three judge panel in the Federal Court of Australia has unanimously overturned a previous court injunction that prevented Samsung's Galaxy Tab 10.1 tablet from being sold in that country.

The new ruling now allows the Android-powered tablet to be sold on store shelves in Australia, at least technically. Samsung was very pleased with the court's decision, saying in a statement, "We believe the ruling clearly affirms that Apple's legal claims lack merit."

Back in August, Apple got a lower court in Australia to ban the sale of the Galaxy Tab 10.1 tablet on the grounds that Samsung violated Apple's patents that it holds for its iPad tablet. Apple claimed that even the "look and feel" of the touch pad for the Galaxy Tab 10.1 tablet was infringing on Apple's patents.

Today's new court decision may just be a temporary victory for Samsung. Apple's lawyers convinced the judges to issue a stay of orders until Friday so that Apple can launch an appeal of the decision to the High Court of Australia. If Friday's court ruling goes in Samsung's favor, the Galaxy Tab 10.1 could be on store shelves in that country in about a week. If the decision goes in Apple's favor, that means that the Galaxy Tab 10.1 will miss the holiday shopping season in Australia.

Thanks to Neowin member rxsoob for sending in the tip.

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Now the matter of getting the stock out in time as its very hard to push a product when companies have their Christmas lineups all finished for the year

brent3000 said,
Now the matter of getting the stock out in time as its very hard to push a product when companies have their Christmas lineups all finished for the year

If it doesn't make the Christmas shelves but eventually does get sold, I would hope Samsung goes after Apple for all that lost revenue. I hear the Karma bell ringing LOL.

I believe this is the Galaxy Tab 10.1 Australian version? I remember some time ago Samsung had to re-model some design on the Tab for Australia to make it through

More on why it was overturned.

The full bench of the Federal Court - Justices John Dowsett, Lindsay Foster and David Yates - yesterday unanimously agreed to reverse a Federal Court judge's ruling last month that Samsung's Galaxy Tab 10.1 be banned from sale.
Samsung had argued that the judge who ordered its Galaxy Tab 10.1 to be banned, Justice Annabelle Bennett, ''misunderstood and misapplied'' basic requirements of the law and said elements of her reasoning were ''grossly unjust''.
In their judgment, the justices said that Justice Bennett ''failed to evaluate'' the competing constructions of Apple's heuristics patent. ''She should have found that there was no arguable case of infringement of the heuristics patent,'' their judgment said. But as the judgment was being handed down, Apple was granted a short stay until 4pm tomorrow by Justice Foster, meaning Samsung will not be able to sell its tablet until then.
A Samsung legal representative Peter Chalk opposed the stay, saying it served ''to prolong the injustice held against Samsung''.
''Any stay, even of a short duration, should not be granted,'' Mr Chalk said.
He later added that any stay ''given the dependency of the Christmas trading period would … cause substantial injustice and hardship to Samsung''.

Turns out Apple are apealing this and new news will be heading our way today/tomorrow.

Not sure the Federal Court in Australia will carry this past this week so a descision will have to be made soon.
From what news i have been reading locally, Apple wont win this as there's enough definiable evidence.

Hopefully this positive news will carry over to the other countries with stupid judges who have banned this and similar products due to Apple and their chicken shitactics.

Samsung should be able to collect from Apple for lost sales during this bogus ban, but I doubt that will happen.

Astra.Xtreme said,

Except Apple has been beating everybody badly...
Good try though...

Look what happened with phones ... it's not surprising for Apple to be concerned.

Kirkburn said,

Look what happened with phones ... it's not surprising for Apple to be concerned.

What happened with phones? The iPhone is still the best selling device, and it rakes in most of the profits. Oh, market share....riiiigghhhttt...

omgben said,
What happened with phones? The iPhone is still the best selling device, and it rakes in most of the profits. Oh, market share....riiiigghhhttt...

I don't think it's crazy to think that Apple also cares about market share.