Thursday, December 08, 2011, 07:12 pm PT (10:12 pm ET)
Galaxy Tab approved for sale in Australia after Apple appeal deniedAn Australian court has denied Apple's request to appeal an overturned preliminary injunction of Samsung's Galaxy Tab, allowing the South Korean company to begin selling the device as early as next week.
The decision released on Thursday allows Samsung to sell its Galaxy Tab 10.1 in Australia, ending an almost two month ban after Apple initially won a preliminary injunction against the device on claims that it copied the iPad's look and feel, reports Reuters.
Following a recent court decision that reversed the original injunction, Apple requested the ban stay in place until it could file an appeal with Australia's High Court. Although the iPad maker won a one-week extension, the court's final judgment to deny an appeal effectively lifts the ban of Samsung's tablet in time for the lucrative holiday season.
The decision is the second Samsung court win within a week, coming after Apple's similar request for a preliminary injunction in the U.S. was denied on Dec. 3.
Apple's legal battle with Samsung began in April when the Cupertino, Calif. company claimed patent infringement against certain Galaxy Tab and handset designs, saying the South Korean electronics maker copied the look and feel of the iPad and iPhone.
Samsung fired back with requests for injunctions against the iPhone 4S in at least four countries, alleging that Apple infringed on its 3G patents with the new smartphone. The company has yet to find success in banning Apple's handset, and was reportedly under investigation for using so-called FRAND patents in litigation.
Most recently, a French patent court denied the South Korean electronics maker's request for a ban, which is seen as a significant blow to Samsung's international case. The ruling noted that the industry-standard patents being leveraged against the iPhone 4S have effectively been exhausted, which could cause problems for Samsung if other courts agree with France's view.
Upcoming court dates see Samsung requesting injunctions against the iPhone 4S, including an Italian hearing in December and Australian hearings scheduled for March and April of 2012.
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