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

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

Related phones

GALAXY Tab 10.1
  • Display 10.1" 1280 x 800 pixels
  • Camera 3 MP / 2 MP front
  • Storage 32 GB
  • Battery 6800 mAh

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27 Comments

1. networkdood

Posts: 6330; Member since: Mar 31, 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.

14. abdane

Posts: 507; Member since: Oct 07, 2011

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

2. robinrisk unregistered

YES!!!

3. Whateverman

Posts: 3295; Member since: May 17, 2009

Common sense prevails, FINALLY!

4. Sniggly

Posts: 7305; Member since: Dec 05, 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. :)

19. taz89

Posts: 2014; Member since: May 03, 2011

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

5. JGuinan007

Posts: 699; Member since: May 19, 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

6. Stuntman

Posts: 843; Member since: Aug 01, 2011

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

10. hepresearch unregistered

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

7. jubbing

Posts: 150; Member since: Aug 20, 2008

Good!

8. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

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

9. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

Kind of quiet from the iFan contingent.

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...

12. Lwazi_N

Posts: 205; Member since: Jun 23, 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?

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.

16. vijaysivakula

Posts: 229; Member since: Aug 17, 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.

15. Lwazi_N

Posts: 205; Member since: Jun 23, 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.

17. cncrim

Posts: 1585; Member since: Aug 15, 2011

finally, common sense and free market is prevail.

18. AzmiAb

Posts: 3; Member since: Dec 09, 2011

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

20. taz89

Posts: 2014; Member since: May 03, 2011

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

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

22. remixfa

Posts: 14605; Member since: Dec 19, 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.

23. taz89

Posts: 2014; Member since: May 03, 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

24. ElectroManiac

Posts: 47; Member since: Sep 29, 2011

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

25. Habib

Posts: 114; Member since: Feb 26, 2011

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

26. InspectorGadget80 unregistered

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

27. iamcc

Posts: 1319; Member since: Oct 07, 2011

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

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