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.
