Back in October, an Australian court had banned Samsung from selling Galaxy Tab 10.1 in Australia. The injunction was not permanent, but was supposed to be valid until a full hearing which is scheduled to happen sometime next year.
Sydney Morning Herald now reports that the Australian court has reversed its preliminary injunction and has lifted the ban on Samsung Galaxy Tab 10.1.
Sydney Morning Herald reports:
The full bench of the Federal Court – Justices John Dowsett, Lindsay Foster and David Yates – today unanimously reversed a Federal Court judge’s ruling last month that Samsung’s Galaxy Tab 10.1 be banned from sale in Australia.
“Samsung will be permitted to launch the Galaxy Tab 10.1 in Australia provided it keeps accounts of all transactions involving that device in Australia,” the judges wrote in their judgment. [..]
[..] 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
The court has extended the ban unitl Friday at 4pm to give Apple enough time to appeal to the High Court, so Samsung won’t be able to sell their tablets immediately, but the overturning of the ban should give a big boost to Samsung with the Christmas shopping season well underway.
Apple has accused Samsung of slavishly copying their products like the iPhone and the iPad and sued Samsung in a number of countries including US and Australia.
The Australian court has added a new twist to the patent war between Apple and Samsung. It will be interesting to see how it ends. Any guesses?
[via Sydney Morning Herald]