Samsung have won an appeal to fast track case its against Apple, meaning Galaxy Tab 10.1 could be on sale here, sooner than expected. The expedited hearing before Australian Federal court in Sydney, is to take place in the coming weeks although no date has been set.

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Will Tab 10.1 be in Aussie hands by Christmas?

The decision to grant an interim injunction temporarily banning Galaxy 10.1 from going on sale at a hearing earlier this month, was handed down by Justice Annabelle Bennett in Sydney’s Federal court.

Samsung then swiftly appealed the decision pending a full trial due to kick off November 1.

Apple claim Samsung “slavishly copied” its iPad 2 design and patent technology’s including touch screen functionality for the unreleased Honeycomb Tab 10.1, thought to be a major rival to the Apple device.

Samsung deny the charges but are hoping yesterday’s decision could mean the tab would be sale here in time for the Christmas rush.

“It’s our submission that Her Honour made errors of law in her approach,” Samsung lawyer Neil Lawson told the interlocutory hearing yesterday.

The South Korean’s are also seeking to ban Apple iPhone 4S from being sold here in retaliation, on the basis it infringes wireless 3G patents allegedly owned by Samsung.

A decision on the case is still pending although Apple cult 4S smartphone has been on sale here for 2 weeks already, with thousands already purchased by endeared fans.

“I’m quite firm of the view that the matter should proceed on the basis that the lead application be referred to a full court, that it be listed at the same time as any prospective appeal and that the matter be expedited,” Justice Lindsay Foster said.

However, both parties were at odds in the case heard yesterday, expressing reservations about a full hearing which could force the sparring duo to reveal confidential and possible sensitive information with each other, The Australian reports.

Apple was reluctant to reveal technical specifications for mobile transmission chips and firmware used for iPhone 4S, and other technical specs to its greatest rival in the smartphones and tablet space.

Samsung had previously been reluctant to expedite the case, claiming it did not have sufficient time to build a case against bitter rival Apple.


The tablet patents war between Cupertino and the South Koreans is taking place in countries throughout the world although Apple appears to have been more successful, to date, managing to obtain injunctions banning Samsung devices in German and Holland.

And just this week, an Italain judge denied Samsung’s bid to block the sale iPhone 4S in the country, due for release there today, as part of its European roll-out.

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