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Australian High Court says Apple's case has no merit, Samsung free to sell Samsung GALAXY Tab 10.1

Posted: , by Alan F.

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Australian High Court says Apple's case has no merit, Samsung free to sell Samsung GALAXY Tab 10.1
The High Court of Australia ruled on Thursday that Apple's case against Samsung has no merit, allowing the Korean based firm to now sell the Samsung GALAXY Tab 10.1 in the country. The ruling came just in time for Samsung, which can now offer its flagship tablet in time for the holidays. Apple tried to fight the ruling, pointing to the previous judgment on the matter, but the argument was ignored. And to add insult to injury, Apple was ordered to pay Samsung's legal tab. The ruling comes days after Apple was turned down in a U.S. District Court, seeking a preliminary injunction against the sale of certain Samsung products.

In the Australian case, Apple originally won a preliminary injunction against Samsung, preventing the latter from selling its flagship tablet in the country due to the infringement of Apple patents relating to touchscreens and multitouch.At the time, the Korean manufacturer said that if it could not sell the GALAXY Tab 10.1 by the holiday shopping season, it would kill off the device in the country. But it never came to that as late last month, an Australian Federal Court reversed the original ruling, although it was extended to Friday so that the court could rule if Apple had the right to appeal the removal of the preliminary injunction.

With the latest ruling, the High Court says it will not hear Apple's request to reinstate the ban, which leaves Samsung free and clear to offer the tablet in Australia. The 16GB Wi-Fi model will cost $579, and the 16GB Wi-Fi/3G variant will have a $729 price tag. Samsung, of course, was pleased with the ruling and Apple has yet to issue a comment.

Meanwhile, the Samsung GALAXY Tab 10.1 is permanently banned in Germany because of its alleged similarity to the Apple iPad 2. The manufacturer is getting around that order by offering a slightly revised model, the Samsung GALAXY Tab 10.1N, which Apple also wants banned in the country.

source: ZDNet via AndroidCentral

27 Comments
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posted on 08 Dec 2011, 23:11 27

1. networkdood (Posts: 6311; Member since: 31 Mar 2010)


Countries of the world, please use this case as precedent for all other similar cases of APPLE vs 'Android manufacturer', and dismiss all pending court cases. I thank you. Freedom thanks you.

posted on 09 Dec 2011, 00:59 14

14. abdane (Posts: 477; Member since: 07 Oct 2011)


HAHAHA ! TAKE THAT APPLE ! finally... ! ^_^

posted on 08 Dec 2011, 23:14 5

2. robinrisk (unregistered)


YES!!!

posted on 08 Dec 2011, 23:34 11

3. Whateverman (Posts: 3231; Member since: 17 May 2009)


Common sense prevails, FINALLY!

posted on 08 Dec 2011, 23:35 12

4. Sniggly (Posts: 7180; Member since: 05 Dec 2009)


So when Apple was winning these cases before, the iFanboy sentiment was "if the courts decide it, it must be so." Let's see how much they question the courts now that the decisions are swinging in Apple's favor. :)

posted on 09 Dec 2011, 02:08 4

19. taz89 (Posts: 2014; Member since: 03 May 2011)


they will forget they said that cause they have such short memories

posted on 08 Dec 2011, 23:36 4

5. JGuinan007 (Posts: 638; Member since: 19 May 2011)


I actually think these cases have helped samsung sell more products with free advertising and people want what they can't have demand goes up

posted on 08 Dec 2011, 23:50 15

6. Stuntman (Posts: 758; Member since: 01 Aug 2011)


Good. I don't want to see any products banned whether they are Apple or Samsung or HTC, etc.

posted on 09 Dec 2011, 00:43 6

10. hepresearch (unregistered)


Thank you! Somebody who has good sense and is still a neutral moderate for economic freedom! +1

posted on 09 Dec 2011, 00:35 1

7. jubbing (Posts: 150; Member since: 20 Aug 2008)


Good!

posted on 09 Dec 2011, 00:36

8. Droid_X_Doug (Posts: 5926; Member since: 22 Dec 2010)


Win some; lose some. This is what new (un-tested) patents go through.

posted on 09 Dec 2011, 00:37 3

9. Droid_X_Doug (Posts: 5926; Member since: 22 Dec 2010)


Kind of quiet from the iFan contingent.

posted on 09 Dec 2011, 00:46 6

11. hepresearch (unregistered)


Good. I hope it stays quiet for a while. However, the swarm is inevitable... get your iFanatic swatters ready! Just in case...

posted on 09 Dec 2011, 00:46 3

12. Lwazi_N (Posts: 205; Member since: 23 Jun 2011)


This is good news indeed. Now let us hear how much money Samsung lost because of the preliminary injunction. They are legally obliged to recover that money from Apple, not so?

posted on 09 Dec 2011, 00:48 2

13. hepresearch (unregistered)


They have to file a separate motion for that... I think... and the judge could still decide to turn that down, too.

posted on 09 Dec 2011, 01:16 4

16. vijaysivakula (Posts: 169; Member since: 17 Aug 2011)


I think they should claim the losses for not being able to sell their tablet for so long. They should launch it now and claim about the same amount for each month they could not sell. Even a half blind person will be able to understand that the two tablets are not similar. Wonder how the courts decided so.

posted on 09 Dec 2011, 01:11 1

15. Lwazi_N (Posts: 205; Member since: 23 Jun 2011)


It is what Apple would do. Why would the judge turn that down though? After all, it is Apple that made Samsung lose profits.

posted on 09 Dec 2011, 01:20 4

17. cncrim (Posts: 534; Member since: 15 Aug 2011)


finally, common sense and free market is prevail.

posted on 09 Dec 2011, 01:32 1

18. AzmiAb (Posts: 3; Member since: 09 Dec 2011)


Nowaday, it's sooo easy to buy BANNED product....well,got my SamGNote via courier yesterday....sooo sweeeet!

posted on 09 Dec 2011, 02:10 2

20. taz89 (Posts: 2014; Member since: 03 May 2011)


finally some justice...hopefully apple are forced to pay samsung for damage of delaying there product

posted on 09 Dec 2011, 06:00 1

21. jacko (unregistered)


wtf sammy shouldnt of won they copyed NOT

HOO WOO way to go sammy

come on i want the galaxy s III lol

apple today is a good day to die
oh wait he did lol

posted on 09 Dec 2011, 06:49 4

22. remixfa (Posts: 14080; Member since: 19 Dec 2008)


its sooo quiet in here. "apple has the right to protect their IP" "samsung does nothing but copy, and they will be banned forever".. la la la.
I cant believe this this was posted 7 hours ago and not one of those loud mouths is in here. Cant even admit when you were wrong? geesh.

2 kangaroo courts down.. 500 to go.

posted on 09 Dec 2011, 09:18 2

23. taz89 (Posts: 2014; Member since: 03 May 2011)


they dont want to eat their own words...plenty of them were saying when samsung were banned it means apple was right etc etc but now that samsung have won they dont want to admit apple was wrong

posted on 09 Dec 2011, 09:37 2

24. ElectroManiac (Posts: 47; Member since: 29 Sep 2011)


I bet they are even afraid to click on the news.

posted on 09 Dec 2011, 12:17 1

25. Habib (Posts: 114; Member since: 26 Feb 2011)


holy crap!
this actually made my day. Justice will prevail.. ( hoping all around the world, Apple live and let others live too)

posted on 09 Dec 2011, 14:17 1

26. InspectorGadget80 (Posts: 6697; Member since: 26 Mar 2011)


Finally justice is served. What do you say to that taco? Oh wait i dont see him here

posted on 09 Dec 2011, 18:23 1

27. iamcc (Posts: 1319; Member since: 07 Oct 2011)


His name is antifanboy now. He's still here.

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