This content is from: Australia

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.

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