Australian Federal Court grants Apple injunction blocking rival Samsung from selling its Galaxy Tab 10.1 device in the country
Samsung has lost a battle to sell its Galaxy Tab 10.1 tablet in Australia following the granting of an injunction to Apple by the country’s Federal Court in Sydney.
The ruling, handed down by Justice Annabelle Bennett means unless Samsung successfully appeals, it will not be able to sell the Galaxy 10.1 in Australia during the business pre Christmas period.
The two companies have been warring over the patents rights of Samsung’s tablet, with Apple saying the design and features strongly resemble those of its iPad and iPad 2 devices.
The injunction relates to the touch screen technology used in Apple’s iPad devices and the gestures that control them.
The dispute has lead to Apple applying for injunctions against Samsung in Holland and Germany. Samsung has also made it clear it plans to apply for similar injunctions against Apple in France and Italy relating to its new iPhone 4S device which it says related to wireless telecommunications technology.
In her ruling Justice Bennet said it was evident Apple had a case against Samsung relating and that Samsung had known about this before the launch of the Galaxy Tab 10.1 in Australia.
“From April 15 when proceedings commenced in the US, Samsung proceeded with eyes open. I am satisfied that it is appropriate to grant an interim injunction, Justice Bennet said.
Samsung issued a statement immediately after the ruling saying it planned to continue to fight Apple over its accusations.
“Samsung will continue its legal proceedings against Apple’s claim in order to ensure out innovative products remain available to consumers,” it said.
“This is 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 patent through a cross-claim filed on September 16, 2011 with the Federal Court of Australia , New South Wales.
An Apple statement said: “ It’s no coincidence that Samsung’s latest products look a lot like the iPhone and the iPad, from the shape of the hardware to the user interface and even the packaging.
“This kind of blatant copying is wrong, and we need to protect Apple’s intellectual property when companies steal our ideas.”