Samsung successfully appealed the preliminary injunction that prevented the company from selling its Galaxy Tab 10.1 tablet in Australia. A three-judge appellate panel gave a unanimous ruling that reversed the injunction. They cited issues with the way Justice Annabelle Bennett interpreted Australian law.
The appellate judges said that Justice Bennett could have misunderstood and misapplied the basic requirements of Australian patent laws and her logic was unjust. The judges also criticized her interpretation of Apple’s touchscreen heuristics patent and suggested that there was no case of infringement.
Intellectual property analysts said that the Australian appellate court ruling is a major win not just for Samsung but for Australian patent enforcement as well. If the preliminary injunction was upheld then Australia could have become the jurisdiction with the lowest hurdle of all jurisdictions for any complainant to seek the shutdown of a patent infringement claim in a fast-track proceeding.
Because of the lawsuit in Australia filed by Apple, Samsung delayed its introduction of the Galaxy Tab in the country for several months. Samsung said that the preliminary ruling was unfair because it would keep the device out of the market for the holiday shopping season. The lifting of the injunction would allow Samsung to sell the tablet within a few days.
