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Samsung Galaxy Tab ban extended by High Court by Iram
Apple won a small victory on Friday in its global patent battle with rival Samsung, after Australia’s highest court temporarily extended a ban on sales of Samsung’s Galaxy tablet computers.
Samsung is desperate to embark on selling the Galaxy in Australia in time for Christmas sales, but the High Court’s decision means the device can’t go on the market until at least December 9.
Apple took Samsung to court in Australia behind accusing the Suwon, South Korea-based company of copying its iPad and iPhone.
But Apple right away appealed that decision to the High Court, which on Friday said the temporary injunction against sales would be wholesale for another week while it considers Apple’s latest arguments.
“Samsung believes Apple has no basis for its application for leave to appeal and will energetically oppose this to the High Court,” Samsung said in a statement.
Peter Black, IP law lecturer at Queensland University of Technology, said the High Court “had no other choice” but to extend the Galaxy tablet ban until it heard Apple’s special leave application to appeal in the patent infringement case.
He reiterated his doubts raised on Wednesday against the High Court granting Apple special leave to appeal as the Federal Court full bench judgment on Wednesday did not raise a “novel question of law”.
“I continue to think it’s highly improbable that the High Court will grant that special leave application.”
Mr Black said the High Court would not have been in a place to hear Apple’s special leave application on Friday due to it being so late in the week.
“I actually don’t think there is a huge amount to read into this,” Mr Black said when question as to whether Apple may be by the High Court as a tactic to delay Samsung’s tablet, knowing it would be unlikely to win an appeal.
“[The High Court judges] would not would like to lift the injunction â
