Lawyer for Samsung has claimed Judge Annabelle Bennett made “errors of law” when handing down her decision to ban Galaxy Tab 10.1 earlier this month.
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“It’s our submission that Her Honour made errors of law in her approach,” Samsung lawyer Neil Lawson told an interlocutory hearing in Sydney Federal Court today.
Bennett ruled to uphold an interim injunction banning the Android tablet from going on sale here. Apple claims Samsung violated design and swipe technologies used on its iPad 2.
Although Judge Bennett noted the balance of convenience was “almost evenly weighted” she ruled in favour of Apple on October 13.
Lawson also maintained the verdict in favour of Apple was based on “irrelevant considerations”, according to The Australian.
A full hearing into the case is pencilled in for Melbourne Cup Day November 1.
Samsung have lodged a counter lawsuit against foe Apple, claiming it violated some of its wireless mobile technology patents and sought to ban iPhone 4S from going on sale here although a final verdict on this is outstanding.
Earlier today, an Italian judge ruled against Samsung in its attempt to block iPhone 4S from going on sale there.