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

Simon Tønners explains why IP provides the chance to work with some of the most passionate, risk-taking, and emotionally invested clients
The co-leaders of the firm’s new SEP practice group say the team will combine litigation and prosecution expertise to guide clients through cross-border challenges
Boasting four former Spruson & Ferguson leaders and with offices in Hong Kong and Singapore, the IP firm aims to provide fast, practical advice to clients
Partners at three law firms explain why trade secrets cases are rising, and how litigation is giving clients a market advantage
Delegates at a conference unpicking the UK’s relationship with the UPC are hopeful of strengthened UK involvement – so should we all be
News of a litigation funder suing its co-founder and a law firm over trade secrets infringement, and a strategic hire by Womble Bond Dickinson were also among the top talking points
Managing IP’s parent company, LBG, will acquire The Lawyer, a leading news, intelligence, and data-driven insight provider for the legal industry, from Centaur Media
In major recent developments, a team of partners broke away from Taylor Wessing to form their own firm, while Kilburn & Strode made a strategic UPC hire
General Court backs Christian Archambeau in some of his challenges against his departure, but dismisses others
Morgan Lewis adds three partners with technical depth, reinforcing the firm’s strategy to bridge legal and tech expertise in patent litigation
Gift this article