Australian court overturns Apple’s Galaxy ban

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Australian court overturns Apple’s Galaxy ban

The Full Federal Court of Australia has today overturned an interim injunction banning the sale of Samsung’s Galaxy Tab 10.1 tablet computer

The three judge panel unanimously overturned the Judge Annabelle Bennett's decision to grant Apple an injunction, but stayed the order until Friday afternoon to give Apple a chance to apply for special leave to appeal the decision to the High Court.

In a 48-page decision, the Full Court has found that Apple did not establish a prima facie case for infringement of either of the two patents at issue and that Bennett incorrectly assessed the balance of convenience when deciding to grant an injunction.

The decision also dismisses the relevance of Samsung's reluctance to accede to Apple's request for a limited early trial - a factor that Bennett had counted against Samsung in her October decision.

The Australian leg of the global dispute between Apple and Samsung began in August this year with Apple claiming that Samsung's Galaxy 10.1 tablet computer infringed 10 of its patents - it later raised that number to 13.

Samsung redesigned its tablet to try and get around Apple's patents, but the California-based company maintained that three of its patents were still infringed. The final hearings on the interim injunction focused on just two patents.

Samsung has also fought back in Australia by trying to get an interim injunction against Apple over its new iPhone 4S. It has since dropped the interim injunction application in exchange for an expedited full trial that will start in March next year.

"Samsung Electronics Australia is pleased with today's unanimous decision by the Federal Court to lift the preliminary injunction on sales of the Samsung Galaxy Tab 10.1," the company said in a statement.

"We believe the ruling clearly affirms that Apple's legal claims lack merit."

more from across site and SHARED ros bottom lb

More from across our site

Patrícia Paias explains why she loves the science and business behind an idea and why potential rights owners must avoid the ‘file and forget’ philosophy
Lawyers eagerly await news of what IP specialist Sir Colin Birss will bring to one of the England and Wales judiciary’s most important roles
María Aurora García of Berken IP explains how intellectual property rights holders can use customs monitoring and online enforcement tools to identify parallel imports and support compliance with consumer protection rules
The Jakarta-based firm says personal networks and a distinctive strategy can help it guide foreign clients through what can be a tricky IP landscape
Munich litigation boutique formed by former Taylor Wessing partners continues expansion as it seeks to cement its position in the UPC market
Yvonne Tang and Siau Wen Lim, the second and third IP specialists to sit on the firm’s management committee, say IP is ‘uniquely positioned’ to support cross-practice work
As competing firms come under common ownership, clients may care less about formal conflicts and more about how openly firms discuss them
Facing increased lateral movement and in-house competition, firms are investing in flexible billing hours and tailored career progression to improve associate retention
As the US reflects on 250 years of independence, patent lawyers say innovation is reshaping old hiring priorities, with firms seeking broader IP expertise over specialisation
The Nokia v Acer ruling in the UK suggests arbitration is moving from the sidelines towards the mainstream of global FRAND disputes - and could reshape forum strategy in the process
Gift this article