Apple wins temporary ban on sale of Samsung tablet in Australia

ipad_1999372c US technology giant Apple has secured a temporary ban on Samsung selling its Galaxy Tab 10.1 in Australia after launching legal action on the grounds that the device's design was copied from the top-selling iPad.

In the New South Wales Federal Court, Justice Annabelle Bennett granted the injunction banning the sale of the tablet until the lengthy patent battle was resolved.

Apple had claimed that Samsung had infringed its patent by "slavishly" copying the touchscreen technology used in the iPad and that the release of the Galaxy Tab would severely damage sales of the iPad 2.

"I am satisfied that it is appropriate to grant an interim injunction," Justice Bennett said adding that Apple established a prima facie case that patents about its touchscreen technology had been breached.

The dispute will now head to a full hearing, likely to take place next year.

Samsung Electronics said it was considering its legal options in the wake of the decision.

"Samsung will take all necessary measures including legal action in order to ensure our innovative products are available to consumers," the company said it a statement.

"This is a part of our ongoing legal proceeding against Apple's claim."

The firm said it was "confident" of proving that Apple had violated separate patents belonging to Samsung relating to wireless technology in a cross-claim filed in the Federal Court case.

However, the ruling is a blow for Samsung, which is now unlikely to release the Galaxy Tab in Australia at all. Earlier this month, the company said it would ditch the release of the tablet if the injunction was granted because missing sales in the run up to Christmas would render the product "dead".

The decision follows Apple winning its battle with the South Korean company in Germany earlier this month when a court ruled the Galaxy Tab 10.1 had copied the iPad, and banned it from sale in that country. Similar court cases are raging in Britain, the US, Japan, the Netherlands and Italy.

The Telegraph