Samsung wins rare patent battle against Apple in Australia
30 Nov 2011
South Korean electronics giant Samsung yesterday won a rare legal victory against arch rival Apple Inc after an Australian Federal court overturned a ban on the sale of its Galaxy tab in the country.
The victory was all the more sweet to Samsung as the court ordered Apple to pay costs and rejected the Cupertino, California-based company's request to grant a stay on the order until 5 December in order to file an appeal at the High Court.
A full bench comprising three judges granted Apple a stay on the order until 2 December, 4pm local time, in order to appeal and get an injunction from the High Court for a further extension of the stay of sales of the Galaxy tab.
Pleading for a longer extension, Apple's lawyers noted that proceedings in the High Court do not take place as quickly as in the Federal Court.
The Federal Court in Sydney comprising a single bench judge had in October granted an interim order against the sale of the Galaxy 10.1, ruling that there may be a case against that the South Korean company has breached touchscreen technology copyrights. (See: Australian court slaps temporary sale ban on Samsung Galaxy Tab)
But the court reversed this decision saying there was "a real and substantial prospect" the supply of the Galaxy would not infringe an Australian patent relating to the touchscreen.
