Breaking news: Australians to get Galaxy 10.1 for Christmas

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Breaking news: Australians to get Galaxy 10.1 for Christmas

Australian shoppers can now buy Samsung’s Galaxy 10.1 tablet computer, after the High Court turned down Apple’s request to appeal a lower court decision refusing a temporary injunction

The High Court denied Apple's application for special leave to appeal today with costs.

The decision means that the tablet computer should start to appear in Australian shops in the second half of next week, just in time for the crucial Christmas and New Year shopping season.

"The Full Court of Australia decision on November 30 clearly affirmed our view that Apple's claims lack merit and that an injunction should not have been imposed on the Galaxy Tab 10.1," said a Samsung representative in a statement.

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.

In October Justice Annabelle Bennett granted Apple's request for an interim injunction.

Samsung appealed to the Full Federal Court and at the end of last month a three-judge panel unanimously overturned Bennett's decision, finding 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 case will now go back to Annabelle Bennett for a full trial, unless the two parties choose to settle the case.

Blake Dawson has been advising Samsung in this dispute and Freehills has been acting for Apple.

Click here for Managing IP's complete coverage of the smartphone patent wars.

more from across site and SHARED ros bottom lb

More from across our site

The tie-up could result in the firm’s German and France-based teams, which both have strong UPC expertise, becoming independent
News of a slowdown in the UK’s clean energy IP landscape and an EPO report on unitary patent uptake were also among the top talking points
Price hikes at ‘big law’ firms are pushing some clients toward boutiques that offer predictable fees, specialised expertise, and a model built around prioritising IP
The Australian side, in particular, can benefit by capitalising on its independent status to bring in more work from Western countries while still working with its former Chinese partner
Koen Bijvank of Brinkhof and Johannes Heselberger of Bardehle Pagenberg discuss the Amgen v Sanofi case and why it will be cited frequently
View the official winners of the 2025 Social Impact EMEA Awards
King & Wood Mallesons will break into two entities, 14 years after a merger between a Chinese and an Australian firm created the combined outfit
Teams from Shakespeare Martineau and DWF will take centre stage in a dispute concerning the registrability of dairy terminology in plant-based products
Senem Kayahan, attorney and founder at PatentSe, discusses how she divides prosecution tasks, and reveals the importance of empathetic client advice
The association’s Australian group has filed a formal complaint against the choice of venue, citing Dubai as an unsafe environment for the LGBTQIA+ community
Gift this article