“The Federal Court of Australia has overturned the preliminary injunction against the Samsung Galaxy Tab 10.1 in a stunning verdict read to the Federal Court this afternoon,” Luke Hopewell reports for ZDNet Ausitralia.
“The unanimous decision made by Federal Court Justices John Dowsett, Lindsay Foster and David Yates ordered that the injunction made by Justice Annabelle Bennett be overturned, allowing the Samsung Galaxy Tab 10.1 to be released in Australia,” Hopewell reports. “In a surprise move, however, Apple legal counsel Stephen Burley SC then sought a stay of the orders handed down by Justice Foster so that an appeal against the overturning of the injunction could be heard before the High Court of Australia.”
“Naturally, Samsung had strong objections to the stay of orders. ‘This order serves to prolong the injustice held against Samsung,’ the Korean gadget-maker’s representatives told Justice Foster today, adding that any stay or appeal to the High Court would see Samsung crippled in the upcoming Christmas shopping season. ‘Any stay, no matter how short, given the [impending] … Christmas season would prove further hardship to Samsung,'” Hopewell reports. “Justice Foster conceded to the orders proposed by Apple and issued a stay of orders until 4pm (AEDST) on Friday so that Apple could file its appeal in the High Court of Australia.”
Read more in the full article here.
MacDailyNews Take: Let’s see what the High Court of Australia has to say about Samsung’s obvious and slavish copying of Apple’s patented IP.
Apple’s products came first, then Samsung’s:
Judge: Can you tell me which is iPad and which is yours? Samsung lawyer: ‘Not at this distance your honor’ – October 14, 2011