Apple has won an interim Federal Court injunction to prevent the sale of Samsung’s Galaxy Tab 10.1 tablet device in Australia until the legal stoush between the two companies regarding patents has been resolved.
Justice Annabelle Bennett said she had weighed up the balance of convenience for both parties and had come to the conclusion that should the Samsung Galaxy Tab 10.1 be released, Apple would suffer significant damage. However, should the device launch in Australia be delayed, Samsung would also suffer the lack of profits made from the sale of the device.
According to Justice Bennett, the balance of convenience had weighed in Apple’s favour as she granted the injunction today.
Both sides had requested time to prepare further evidence to support their case for a final hearing at a later date.
The judgement follows lengthy legal proceedings between the two companies after Apple filed a lawsuit against Samsung claiming the Galaxy Tab 10.1 infringes on a number of Apple’s patents in relation to the iPhone and iPad.
Samsung has flagged plans to file court injunctions in France and Italy in an attempt to block the sale of Apple's iPhone 4S. The preliminary injunctions will request the courts block the smartphone from being sold in France and Italy, alleging infringement of wireless telecommunications patents.
"Apple has continued to flagrantly violate our intellectual property rights and free ride on our technology, and we will steadfastly protect our intellectual property," Samsung said at the time.
Apple lawyers in Germany were by filing flawed evidence of the similarity between the iPad 2 and Samsung's Galaxy Tab 10.1 tablets based on an inaccurate picture.
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