No Galaxy D-Day For Samsung After Apple Gets Stay

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Australians are being denied the Samsung Galaxy Tab 10.1 once again. The Courts won’t decide until this day next week whether Apple should be granted an appeal against the Federal Court’s unanimous decision to lift the tablet ban, handed down Wednesday.

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“The High Court of Australia has granted a stay until December 9 to allow it to consider whether to accept Apple’s application for special leave to appeal,” Samsung announced today.

The verdict, delivered by Justice Lindsey Foster in Sydney Federal Court room this week, dismissed Apple’s interlocutory injunction application against the sale of the Samsung’s Galaxy Tab 10.1, meant that iPad 2 rival was allowed to go sale in Australia.

However, Apple sought special leave for an appeal until today, claiming it would suffer “immediate and irreparable harm” should the rival Tab be made legal, on the grounds that the device infringes on its intellectual patents and “slavishly” copies the market leading iPad 2.

The case could go to the High Court if the Federal Court decide Apple’s case warrants a higher jurisdiction.

“Samsung believes Apple has no basis for its application for leave to appeal and will vigorously oppose this to the High Court,” it said in response to today’s announcement.
 

 

Read Samsung Responds To Tab Galaxy Win Here

The Korean giant also argued any leave granted to its rival Apple to appeal the decision would “injure” its interests.

The 10.1 inch Android Honeycomb Tab won’t be on sale for at least another week now, if at all before Christmas, following today’s decision.

Read Tab Win! Samsung Galaxy Ban Lifted As Apple Appeal Here
 

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