Samsung Gets Galaxy Tab Ban Lifted in Australia...For Now (AAPL)

November 30, 2011 9:29 AM EST
Samsung had an interim ban on its Galaxy Tab 10.1 tablet lifted in Australia Tuesday, the WSJ reports.

After Samsung won an appeal in Sydney, Apple (Nasdaq: AAPL) immediately acted, saying it wanted the decision reversed in High Court. Apple said it would apply for a special leave to the High Court to have the decision overturned.

With an expected shelf life of just 12 months, the Court said a prolonged temporary ban on the Galaxy Tab 10.1 would nearly "kill it off," and deliver "Apple complete victory in respect of its claims."

Senior counsel to Apple, Stephen Burley, said there would be significant harm to Apple if the ban was lifted, while Samsung's counsel said a new stay would prolong the "injustice and hardship" his client had already suffered, according to The Australian Wednesday.

Despite the lifting of the ban, Apple convinced the judge to rule Samsung can't sell the tab in Australia until Friday at 4pm.

Apple initially claimed the Galaxy Tab 10.1 breached about 13 of its patents in Australia. No date has been set for the final ruling on that measure.

Shares of Apple are trading stronger ahead of the bell Wednesday, as economic data and news out of Europe propel markets higher.


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