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Samsung requests to lift Galaxy Tab ban in Australia

The patent war is on once again as Samsung tries to lift its ban in Australia for the Holiday season

Samsung Electronics Appeals the Australian court to overturn a ban on the sale of its new tablet computers in the country, saying the law was misunderstood by the judge who granted Apple’s request for the ban.

The Injunction was issued by Federal Court Justice Annabelle Bennett on October 13. Bennett barred the sale of the Galaxy 10.1 tab in Australia until the company resolves the patent disputes at trial. According to Neil Young, Samsung’s lawyer, she failed to consider the dire consequences of the injunction on Samsung which has been entirely shut down from marketing the device.

This part is now included in the legal battle between the giants Apple and Samsung that started in April when Apple accused Samsung of copying the design of the iPad on their Samsung Galaxy 10.1 tab.

Young added that Bennett failed to evaluate Apple’s chances of winning its patent claims at trial as she was required to under Australian law, while he was reporting to a panel of three Judges of the Full Court of the Federal Court of Australia. He also said that if Bennett had done so, she would have concluded Apple had a weak case and turned down the request for an injunction.

It was all from the Samsung’s end while on the other end Apple’s lawyer Stephen Burley said that Bennett made no errors in principle in her ruling and the injunction should remain in place. Samsung continues to press for a final hearing and Apple will also be their Burley added.

So we can see that the Patent war between these two giants is still on.


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Pallab Jyotee Hazarika, 2011-11-26 (Update: 2012-05-26)