A global dispute over patents is taking place between Samsung and Apple. The companies are involved in legal battles in several countries concerning similarities of some of the companies’ products.
Yesterday, a Federal Court in Australia lifted an injunction imposed on the sale of Samsung’s Galaxy product.
The judgment revised the decision of a lower court issued last month where the court justice, Annabelle Bennett, granted Apple a temporary injunction against Samsung which prevented it from selling one of its tablets on the Australian market. Apple alleges that Samsung’s Galaxy tablet is an outright copy.
However, the Federal Court which lifted the injunction yesterday reasoned that the lower court had reached the wrong conclusion. The court said that Bennet’s considerations of the case had been erroneous. “In our view her decision was clearly wrong and should be set aside.”
However, Samsung will not be able to put its Galaxy product on the Australian market immediately, as Apple intends to appeal to the High Court of Australia. Song Myung-sub, analyst at HI Investment and Securities in Seoul, said that although Samsung might be able to start selling their product within the near future it would not pose a serious threat to Apple. “It’s hard to expect the ruling to have a major positive impact on Samsung’s tablet business or legal cases in other countries as Apple could appeal … and sales won’t be restored anytime soon.”
The legal battle between the two companies is playing out in ten countries, concerning smart phones and tablets. Apple has received judgments in its favour in both Germany and the Netherlands. The dispute taking place in Australia relates to the touch-screen technology in Samsung’s new tablet.
Apple’s claims were dismissed by the Federal Court. The court said that Apple’s current allegations lacked substance as there was no evidence indicating that a breach of Apple’s touch screen patent had occurred.
Tim Renowden, analyst at research firm Ovum, highlighted the urgency for Apple to make their product available for clients before Christmas. “Samsung’s Christmas elves will be rushing to prepare Galaxy Tab orders. The well-regarded Galaxy Tab series provides some of the leading alternatives to Apple’s iPad.”
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