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Samsung tab wins big victory over Apple iPad in Oz but sales still delayed


By Noel Young, Correspondent

December 1, 2011 | 3 min read

Judges have lifted a temporary ban on sales of Samsung tablets in Australia - a "significant victory" in the Korean company's tablet war with Apple, according to the Wall Street Journal. But Samsung faces another agonising delay in beginning sales until December 9 when another Apple appeal will be heard.

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Apple claims Samsung copied their design from the iPad, and had earlier convinced a court in Germany to bar the sale of some Samsung tablets there. This week Apple asked the same German court to ban sales of a modified Samsung device throughout the entire EU.

However, in Australia, the full bench of the Federal Court overturned last month's court decision to ban sales of the Samsung Galaxy 10.1 pending a final hearing on Apple's complaint.

Reason: The commercial life of the Samsung Galaxy Tab 10.1 is about 12 months, said the court , and a temporary ban would "have the practical effect of killing off" the device in Australia and "deliver Apple complete victory in respect of its claims."

Samsung couldn't sell its tablet device in Australia right away, though. Apple persuaded the court to delay the order until 4 p.m. today Sydney time - 6 a.m. UK time - and at that hearing judges then set the new Apple appeal hearing for December 9 - and continued the original ban.

A lawyer for Apple said the company would be asking the High Court in Canberra to have the original decision reversed and the ban restored.

Samsung had said in an official statement that it was "pleased with the unanimous decision" by the Federal court.

"We believe the ruling clearly affirms that Apple's legal claims lack merit," it said. "We will make an announcement regarding the market availability of the Galaxy Tab 10.1 in Australia shortly." Well that "shortly" now extends to December 9 at least.

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