Ban on Samsung GALAXY Tab 10.1 reversed by Australian Court, Apple to appeal

Ban on Samsung GALAXY Tab 10.1 reversed by Australian Court, Apple to appeal
Last month, Apple won a preliminary injunction from an Australian court which in effect banned Samsung from selling its flagship tablet, the Samsung GALAXY Tab 10.1, in the country. Apple had alleged that the Korean based manufacturer infringed upon its patents and the court initially agreed. Hoping to somehow salvage the holiday season, Samsung quickly appealed the ruling with the company's lawyer Neil Young (who does not have a "Heart of Gold") saying that the tablet was dead if it could not be offered for the holiday season.

As we reported last week, the Australian appeals court seemed to agree with Samsung's position that banning the tablet from being sold in the country was too harsh of a penalty to place on the Korean firm while the case makes it through the Australian legal system. And now Gizmodo Australia is reporting that on Wednesday, the Australian Federal Court overturned the injunction. Apple's legal team quickly sprung into action and within minutes of the ruling being announced, they announced Apple's plan to appeal the decision to the High Court. Apple requested that the injunction stay in place until its appeal is filed and the court agreed, issuing a "stay of order" that keeps the injunction in place and the tablet off the shelves until Friday, in order to give Apple time to file that appeal.

Apple and Samsung are involved in a number of legal battles. The Samsung GALAXY Tab 10.1 is permanently banned in Germany following a patent infringement case in that country and back in Australia, a full hearing is scheduled for March 2012 on Samsung's claim that the Apple iPhone and Apple iPad infringe on patents owned by Samsung.

source: GizmodoAustralia via AppleInsider

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



1. belovedson

Posts: 1060; Member since: Nov 30, 2010

samsung should come back with a huge price reduction to sell the crap out of them. gosh i want one so bad

2. GeekMovement unregistered

Apple's so pathetic... they're like desperate little mice when the court overturned the injunction.

6. Nathan

Posts: 85; Member since: Jul 14, 2011

Can this end, it was ok the first couple times but now its just plain stupid. They are like a whole bunch of little kids who cant get along. :P

3. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

Apple has to file a response that shows why the initial sales ban should be upheld during the appeal process by this Friday. If the High Court doesn't buy the Apple arguments, the ban is released. Stay tuned. Cook up some more popcorn.

4. networkdood

Posts: 6330; Member since: Mar 31, 2010

So, all rectangles must be recalled, or you have to pay 10.00 to APPLE. Hey, maybe APPLE growers of the world can sue APPLE for gross neglect of their namesake....

5. Stuntman

Posts: 843; Member since: Aug 01, 2011

Lawyers are high fiving each other as another appeal means more money for them.

7. gallitoking

Posts: 4721; Member since: May 17, 2011

look at all of this.. supporters of crime... even if the lift the ban.... it wont sell.. the real Prime (Transformer) is better and will even get ICS ..hmmm

8. superguy

Posts: 448; Member since: Jul 15, 2011

"We have always been shameless about stealing great ideas." -- Steve Jobs

26. rendHELL

Posts: 304; Member since: Nov 09, 2011

if we are supporters of crime then all android users should be arrested...

9. netizen

Posts: 73; Member since: Oct 31, 2011

Too bad Samsung didn't have one of those deals setup that if Apple lost it's case Apple would have to pay Samsung the damages from bringing a frivolous suit. Apple keeps trying to beat it's competition by suing them and delaying their products to the point they can not compete fairly with them. It appears to be working too. Steve taught them well....

10. darth8balI

Posts: 18; Member since: Sep 30, 2011

I support Apple

22. darth8ball

Posts: 520; Member since: Aug 02, 2011

WOW do I really???????? NOT

23. darth8ball

Posts: 520; Member since: Aug 02, 2011

WIll Apple Losers stop at no end to fight the truth that their products suc. Really imposters???

28. rendHELL

Posts: 304; Member since: Nov 09, 2011

you are the real one....

27. rendHELL

Posts: 304; Member since: Nov 09, 2011

who the f*ck are you fake... hacker??!!

29. PhoneArena Team

Posts: 258; Member since: Jun 27, 2006

This fake account has been banned for impersonation. Please report such accounts when you notice then and please write down that you think this is impersonation in the Text comment field. Thank you!

11. roscuthiii

Posts: 2383; Member since: Jul 18, 2010

It was a bad ban anyhow and never should have been granted. It's like Goodyear getting Bridgestone tires banned.

12. Q8cavalry

Posts: 14; Member since: Nov 03, 2011

Wow Apple now is being too lame Good for Samsung and Android

13. tacohunter

Posts: 408; Member since: Nov 06, 2011

Does anyone hear own the galaxy tab 10.1?

17. iamcc

Posts: 1319; Member since: Oct 07, 2011

Yes. I love it.

20. gallitoking

Posts: 4721; Member since: May 17, 2011

you also have the T-Bolt... so...

21. iamcc

Posts: 1319; Member since: Oct 07, 2011

Okay. First off, the only reason I got the Thunderbolt was to give myself the best shot at being locked into unlimited data with LTE. I didn\'t know they would allow anyone with an unlimited 3G plan to keep that, so I upgraded to the TB ASAP. Secondly... i\'ve had the phone since it\'s release and have never had major problems. In fact, it\'s the first Android phone I haven\'t rooted because I have had no need to. Yes, the battery life was less than perfect when I first got the phone (usually 8-10 hours) and I bought a second battery. As of now, the phone easily lasts 12-15 hours a day and I haven\'t used my second battery in months. Just because I have a Thunderbolt doesn\'t discredit my opinion regarding anything else. I have no problem with whatever device makes you happy, and the fact that all you can ever do to discredit my posts is mention that I have a Thunderbolt shows how little you actually have to say. Anyways, carry on.

14. Packer29

Posts: 56; Member since: Sep 10, 2011

Hopefully Apple will win the appeal it never should have been lifted!

15. InspectorGadget80 unregistered

Bout tine the Judge in Australia see what an asshole Apple is when it comes to competition. Apple should compete more than worrying bout seeing their stocks fall which it should.

16. remixfa

Posts: 14605; Member since: Dec 19, 2008

Apple doesnt like to be told no.. Nobody puts apple in the corner!!

18. ph00ny

Posts: 2026; Member since: May 26, 2011

I'm surprised that this took so long to get it overturned. I'm not sure how the system works in Australia but when a presiding judge is married to a senior member of the law firm representing apple and the judge herself is a former member of the same law firm, most would consider this a conflict of interest by a mile.

19. iamcc

Posts: 1319; Member since: Oct 07, 2011

I never knew that... makes a lot of sense though if it's true.

24. Tmachaveli

Posts: 425; Member since: Apr 01, 2011

To bad lose

25. Forsaken77

Posts: 553; Member since: Jun 09, 2011

Apple really opened a can of worms with all the patent bullsh*t. Companies were all working nicely, making forward-thinking products, slightly borrowing ideas from other companies to further the industry as a whole. Then along comes Apple... who sues any/every company that even slightly resembles a product or feature of theirs. Now all these companies aren't innovating nearly as much and they have lawyers on tap constantly going over other products to make sure someone else didn't use the same piece of plastic in the same location as theirs. Apple basicly brought this whole industry to a grinding halt as far as innovation goes. I'm not saying they didn't have the right to do what they did, but they should've looked at the big picture, the industry as a whole, and realize the repercussions of their actions.

Latest Stories

This copy is for your personal, non-commercial use only. You can order presentation-ready copies for distribution to your colleagues, clients or customers at or use the Reprints & Permissions tool that appears at the bottom of each web page. Visit for samples and additional information.