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

Matthew Grady of Wolf Greenfield says AI presents an opportunity in patent practice for stronger collaboration between in-house and outside counsel
Aparna Watal, head of trademarks at Halfords IP, discusses why lawyers must take a stand when advising clients and how she balances work, motherhood and mentoring
Discussion hosted by Bird & Bird partners also hears that UK courts’ desire to determine FRAND rates could see the jurisdiction penalised in a similar way to China
The platform’s proactive intellectual property enforcement helps brands spot and kill fakes, so they can focus on growth. Managing IP learns more about the programme
Hire of José María del Valle Escalante to lead the firm’s operations in ‘dynamic’ Catalonia and Aragon regions follows last month’s appointment of a new chief information officer
The London elite have dominated IP litigation wins for the past 10 years, but a recent bombshell AI case could change all that
Two New Hampshire IP boutiques will soon merge to form Secant IP, seeking to scale patent strength while keeping a lean cost model
While the firm lost several litigators this month, Winston & Strawn is betting that its transatlantic merger will strengthen its IP practice
In other news, Ericsson sought a declaratory judgment against Acer and Netflix filed a cease-and-desist letter against ByteDance over AI misuse
As trade secret filings rise due to AI development and economic espionage concerns, firms are relying on proactive counselling to help clients navigate disputes
Gift this article