UPDATE: A response has come to Samsung's appeal before an Australia appeals court. A report in Bloomberg Businessweek confirmed that Federal Court Justice Lindsay Foster, at a hearing in Sydney stated, “the result looks terribly fair to Apple and not terribly fair to Samsung.” The hearing held, in the wake of Samsung's appeal to the court stating that the ban decision on the Galaxy Tab 10.1 be reconsidered.
South Korea-based, Samsung Electronics is really hoping hard that the Australian ban on the sales of its ambitious Galaxy Tab 10.1 gets lifted off giving the tablet a new lease of life. If you've been closely following our reports in this respect, then you would remember that Cupertino-based, Apple, with whom Samsung has been battling it out in over 10 countries, globally had managed to get the latter's Galaxy Tab 10.1 banned in Australia. Now, Samsung has approached an Australian appeals court with a request to reconsider the ban decision on the Galaxy Tab 10.1, confirms a report in Bloomberg Businessweek. The report quotes Samsung as stating that the judge who had “granted Apple Inc.’s request for the ban misunderstood the law.”
Will the ban be off?
It was Federal Court Justice Annabelle Bennett who had issued the injunction on the 13th of October, this year, putting the Galaxy Tab 10.1 completely out of the Australian market, thus adding to Samsung's woes. The report quotes Neil Young, Samsung's lawyer as stating that, “Bennett failed to consider the “dire consequences” of the injunction on Samsung, which has been “entirely shut out” from marketing the device.“Samsung is now hoping that the court reviews Apple's patent claims and pull the ban off Galaxy Tab 10.1's back.
Apple, however rubbishes claims put forth by Samsung's lawyers, stating that, “Bennett made no errors in principle in her ruling and the injunction should remain in place.” Both Apple and Samsung are scheduled for a hearing in the March of next year, and it is only then that the picture would become clearer.
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