Samsung’s famed Galaxy Tab 10.1 is now officially banned from Australia, following Justice Amanda Bennett’s ruling in a Sydney court today. Information relating to the ruling has been banned from being published till tomorrow.Justice Bennett said that the probability was that Apple had a case. Her reason for this will be made available tomorrow.
At this stage she is issuing an interim interlocutory injunction, despite the fact that both parties had sought to tender additional evidence.
She claims that the issue centred on two of three patents and that Apple could present evidence to support their case on the balance of probability.
She took into account the short life cycles of both the Apple iPad and the Samsung Galaxy Tab 10.1. She also said that the balance of convenience was “almost evenly weighted” but tilted her decision in favour of Apple.
“It is appropriate to grant an interim injunction.” Justice Bennett said. “The orders I make today are limited.”
Apple’s iPad 2 currently dominates the tab market with its curves and slinky design – until Samsung’s Tab came along promising to be the lightest, thinnest tab ever. It is already on sale in several Euopean countires, although Apple did attempt to impose a ban, temporarily at least.
The case, which has sat before Sydney Federal Court for over two weeks now, had heard Apple accusing its rivals of “slavishly copying’ its iPad and nicking at least three patents relating to touchscreen and scroll technology, which it says Samsung uses on its new Galaxy Tab.
Apple claimed the Galaxy 10.1 violates at least three of its intellectual patents and clones the look and feel of its famed iPad 2.
Samsung denies the claims, saying it is about Apple marketing and marketshare concerns and has nothing to do with patents. Apple’s iPad currently holds around 73% marketshare in Oz, according to recent analyst figures.
Samsung had warned in court last week the Galaxy 10.1 Tab would be “commercially dead” if a ruling isn’t made soon. “Our product would be kept out of the market for the Christmas period and into next year,” declared Samsung’s lawyer Neil Young.
The sparring duo were said to be close to a deal earlier in the Australian case after lawyers acting for the Korean giant offered to remove certain features from the Australian version of the Samsung Tab, but this was rejected by Apple.