Earlier this week, the New South Wales Federal Court in Australia overturned the injunction saying Apple has not managed to demonstrate that Samsung's tablet PC infringes patents held by Apple covering the device's touchscreen. The Federal Court said the injunction had to remain in place until today (Friday December 2) in a bid to give Apple the chance to decide whether it planned to appeal.
However, Justice John Dyson Heydon from the High Court, the final court of appeal in Australia, revealed today the ban has been extended until Friday December 9 while it considers whether to accept an application by Apple to appeal.
According to Reuters, Justice Dyson Heydon said the decision made by the Federal Court must "be stayed pending the termination of applicants application for special leave to appeal."
At the beginning of August, Apple approached Australian courts in a bid to obtain an injunction that would prevent Samsung from selling the device in the country.
Apple claimed the tablet PC infringed 13 patents relating to the iPad, three of which related to the touchscreen technology including one which covered "selective rejection" technology ensuring accidental touches to the iPad don't result in programs being launched.
"It's no coincidence that Samsung's latest products look a lot like the iPhone and iPad, from the shape of the hardware to the user interface and even the packaging. This kind of blatant copying is wrong, and we need to protect Apple's intellectual property when companies steal our ideas," Apple said at the time.
Samsung voluntarily agreed to postpone the Australian launch of the device until the case had been heard and a decision made. Samsung approached Apple with a settlement, in a bid to speed up a verdict in the case. However the tech giant rejected it and continued with the legal action. In October Justice Annabelle Bennett from the New South Wales Federal Court granted the injunction.
Samsung launched an appeal against the decision, which look set to prove successful, although it wasn’t the case. The final hearing in the case is expected next year but Samsung hopes it will be able to resume sales before then.
"Samsung believes Apple has no basis for its application for leave to appeal and will vigorously oppose this (in) the High Court," Samsung Electronics Australia said.
The fight between the pair has seen legal action regarding patent infringement take place in ten countries across the globe. Although, the battle between Samsung and Apple isn’t over in Australia, just yet. Samsung has called for a ban on sales of Apple's latest smartphone, the iPhone 4S, in the country, after claiming the device infringes patents held by the Korean tech giant in its Galaxy range of smartphones and tablet PCs that run the Android operating system. The case will be heard in March 2012.