The ban on sales, which has been in place since August this year, was overturned by the New South Wales Federal Court in Australia at the end of November. However, last week Justice John Dyson Heydon from the High Court, ruled the injunction had to remain in place until today (Friday December 9) while it considered whether to accept an application by Apple to appeal.
The High Court has now ruled that its unlikely an appeal by Apple would be successful giving Samsung the right to sell the tablet PC. The South Korean tech giant said the Galaxy Tab 10.1 will be on shelves in Australia by Monday ensuring they don’t miss out on Christmas sales.
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 has finally proved to be successful.
The full hearing is expected next year, although a date has not yet been set. Until then, Samsung will be required to keep detailed records of the number of devices and apps it sells to present at the hearing.
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.
Samsung has also called for a ban on sales of the iPhone 4S in France. However, this was rejected by a court and the South Korean firm has also been ordered to contribute €100,000 towards Apple's legal fees. Samsung now plans to review the French ruling.
The fight between the pair has seen legal action regarding patent infringement take place in ten countries across the globe. Last week, a US court denied Apple's request to halt sales of four Samsung Galaxy smartphones and tablet PCs in the US, saying the firm had “failed to establish that it would be irreparably harmed in the absence of a preliminary injunction." Apple has now launched an appeal against the decision.