Wednesday, November 30, 2011

Samsung Overturns Apple Injunction in Australia

Samsung was successfully in having an interlocutory injunction overturned today in the Full Court of the Federal Court of Australia.  See decision:  Samsung Electronics v. Apple Inc. [2011] FCAFC 156 (30 November 2011).

The case concerned two Australian patents owned by Apple.  Apple asserted that the Samsung Galaxy 10.1 Tablet infringed claims of those two patents.  An injunction was granted by the trial judge to prevent Samsung launching the Galaxy 10.1 in Australia until trial.  Today, Samsung was successful in having that injunction removed.

As soon as the appeal court decision was announced today, Apple asked for the decision to be suspended so that it could appeal to the High Court of Australia.  Apple asked this without even reading the Court's decision.  The judge today suspended the decision until 4pm Friday, in effect keeping the injunction in place until Friday.  Apple now has until 4pm Friday to convince the High Court of Australia to keep the injunction in place -- a hard task.

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