Apple has won a victory in the Ferderal Court in Australia, with a judge issuing an injunction banning Samsung from selling its Galaxy Tab 10.1 slate PC Down Under.
Apple was taking legal action against rival Samsung, claiming the company had “slavishly” copied the iPad, and Justice Annabelle Bennett agreed that Samsung had a case to answer relating to two allegedly infringed patents on touch screen controls.
It’s part of a global battle between the two tech giants, with patent cases going through the courts in Asia, Europe and the US.
“From 15 April when proceedings commenced in the US, Samsung proceeded with its eyes wide open,” Bennett said, according to the Sydney Morning Herald. “The balance of convenience was almost even … there were several factors that favoured Apple.”
According to Bennett, she had to consider the potential harm to Apple, despite claims from Samsung that a delay would make it impossible to launch the tablet in Australia because it would miss the Christmas rush.
The case will now head to a full hearing, which is unlikely to be heard this side of Christmas, although the companies will have an opportunity to file for an early, preliminary hearing next month.
Samsung responds
Samsung said it would continue to fight the case and hoped a counter claim would force Apple to drop the proceedings.
“Samsung will continue its legal proceeding against Apple’s claim in order to ensure our innovative products remain available to consumers,” Samsung said, according to the Herald.
“This is a part of our ongoing legal proceeding against Apple’s claim. Samsung is also confident it can prove Apple’s violation of Samsung’s wireless technology patents.”
We’re still waiting for Apple to come back to us regarding whether it will be seeking an early hearing on the case.
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