Samsung says banning of the Galaxy Tab 10.1 in Australia was over the top, appeal judges seem to agree

Samsung says banning of the Galaxy Tab 10.1 in Australia was over the top, appeal judges seem to agree
The Appellate Court in Australia where Samsung's lawyers complained about unjust banning of its Galaxy Tab 10.1 slate seems somewhat sympathetic with the Koreans.

The injunction was issued by Justice Bennett October 12, and is valid until the patent infringement lawsuit is settled, which may be as late as next year. Samsung's lawyer Neil Young is now appealing that she did not really consider how badly the holiday sales miss will affect the market performance of the Galaxy Tab 10.1.

Apple argued that an irreparable damage would be inflicted on its iPad 2 if Samsung's tablet hadn't been banned, which the appeal judges considered an over the top statement: "We’re talking about a period of three months and all of Apple will come tumbling down? That’s very speculative,” said Judge Dowsett. Another judge also sided with Samsung's story: “The result looks terribly fair to Apple and not terribly fair to Samsung,” commented Federal Court Justice Lindsay Foster during today's hearing to lift the ban.

The court hopes to have a ruling whether Justice Annabelle Bennett issued the injunction against the Samsung Galaxy Tab 10.1 prematurely as early as next week, so there is still chance that the Koreans can salvage the holiday sales of the tablet if the stars are aligned in their favor. Not that some retailers aren't defying the ban anyway, but having the license to sell in writing is preferable.

source: Bloomberg

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GALAXY Tab 10.1
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  • Battery 6800 mAh

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24 Comments

1. rendHELL

Posts: 304; Member since: Nov 09, 2011

wooot.... sammy almost there... goooow...

20. cheetah2k

Posts: 2256; Member since: Jan 16, 2011

Its just a shame that now Samsung have incurred lost revenue due to the Apple circus

2. Tre-Nitty

Posts: 470; Member since: Nov 16, 2010

And you care because?

3. Drafty

Posts: 11; Member since: Jun 03, 2010

So Samsung can make money, and use that money for the next amazing product!

4. OSFantasma

Posts: 119; Member since: Sep 27, 2011

Im truly happy for samsung on this.. and also love the fact that they listen to there customers.. btw just got my galaxy s2 and love it.. speed demon i tell you really can't wait for cyanogen 9..

5. networkdood

Posts: 6330; Member since: Mar 31, 2010

If it were up to APPLE, SAMSUNG would be banned from selling any products in any country.

6. HTCiscool

Posts: 449; Member since: Jul 16, 2011

Other than the screen aspect ratio here is really not a huge difference between this and the iPad to the average consumer. Unlike several other Android tablets there's nothing that diffrrentiates it from the iPad. When I look at it I think: "Buy me or else you are a stupid iDefender and don't know any better" Eee pad: "Buy me because I have a keyboard and u r a stupid iFollower. Playbook: "I'm not an iPad, for starters I'm half the size, have no apps and u is an iDefender Xoom "Buy me to say you have a tablet that's not an iPad"

7. MorePhonesThanNeeded

Posts: 645; Member since: Oct 23, 2011

Dude seriously? Shut it up it\'s a bloody touchscreen with OS...sheesh some people want options...who the hell doesn\'t?

8. chadrick0814 unregistered

xoom- buy me because I have 32gb sd card expansion and hdmi mirroring.

11. taco50

Posts: 5506; Member since: Oct 08, 2009

no one bought the Xoom. I guess you were the only idiot?

13. iamcc

Posts: 1319; Member since: Oct 07, 2011

Good try taco.

18. jacko unregistered

i got the xoom and i love it oh and btw i dont have to pay $50 for a hdmi plug like apple want to have people pay android gives u what U want apple gives u shit and wants u to pay to get more shit for shit

22. chadrick0814 unregistered

I guess xoom sales were higher than you thought. Maybe you're the only idiot without hdmi, sd card expansion or any type of 4g connectivity. I would think that only an idiot would go without all of these features for a brand that gives you nothing.

9. ivanko34

Posts: 617; Member since: Sep 04, 2011

The only way for apple to beat competition is to ban competitors

10. itsius1

Posts: 49; Member since: Oct 19, 2011

yup, and that leads to inovation halt...

12. taco50

Posts: 5506; Member since: Oct 08, 2009

actually banning copycats LEADS to innovation

14. iamcc

Posts: 1319; Member since: Oct 07, 2011

If you say so taco. Just like how the iPhone 4S is running at 1ghz, right?

15. remixfa

Posts: 14605; Member since: Dec 19, 2008

lol, i almost forgot about that conversation. Im sure taco still believes that the i4s is 1ghz and not 800mhz... lol.

19. jacko unregistered

apple copys so they better pull all there devices off the market then

16. remixfa

Posts: 14605; Member since: Dec 19, 2008

glad to see they are wrangling in those kangaroo courts a bit.

17. ph00ny

Posts: 2031; Member since: May 26, 2011

what about the fact that judge bennett is related to a partner at the firm representing apple? edit: lol i looked into it further. It looks like judge bennett's husband is the senior member of the law firm and the judge herself used to work in the same law firm.

21. cheetah2k

Posts: 2256; Member since: Jan 16, 2011

So technically this is collusion.... I wonder if anyone has checked Judge Bennett's husband's bank account balance recently........ Any large deposits??

23. Forsaken77

Posts: 553; Member since: Jun 09, 2011

Change of venue is needed then (my limited legal speak I learned from movies ;)) . This is a complete conflict of interest if ever there was one. How could they allow this judge to remain presiding over this case? Especially with billions of dollars at stake. I'm sure Samsung is aware of this and I wonder why they haven't challenged it.

24. jacko unregistered

samsung sue for damages and loss of sales

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