Samsung wins right to sell Galaxy tablet in Australia

ABC News

SYDNEY, Nov 30: Samsung has won the right to sell its Galaxy 10.1 tablet in Australia after the Federal Court overturned a ban on the sale of the computer. Last month, the court slapped a temporary injunction on sales of the Galaxy 10.1 after rival Apple said the Galaxy range of tablets and smartphones was too similar to its iPad and iPhone. The companies have been waging a battle in 10 countries over smartphone and tablet patents since April. The Australian dispute centred on touch-screen technology. The court ruled the ban would have had the effect of killing off the Galaxy 10.1 tablet in Australia because of the short commercial life of new technologies. Instead, the court has directed Samsung to keep accounts of all its transactions involving the Galaxy Tab in case Apple proves a patents infringement and claims for losses. "We believe the ruling clearly affirms that Apple's legal claims lack merit," Samsung Electronics Australia said in a statement. Apple, however, has been granted a stay, meaning Samsung will not be able to start selling the computer until Friday so Apple can respond to the finding. Samsung lawyer Neil Young QC argued that any stay would cause further damage to the Korean electronics giant. "It simply serves to prolong the injustice suffered by Samsung," he said. An analyst at HI Investment & Securities in Seoul agreed. "It's hard to expect the ruling to have a major positive impact on Samsung's tablet business or legal cases in other countries as Apple could appeal against the ruling and sales won't be restored anytime soon," Song Myung-sub said. "Apple will continue to dominate the tablet market as Amazon appears to be the only viable real threat at the moment and other vendors including Samsung continue to struggle." Apple is also preparing an appeal to the High Court. The decision is a boost for the South Korean technology company in the lead-up to the Christmas shopping season. In a separate case, Samsung is trying to block the sale of Apple's iPhone 4S in four countries including Australia, citing alleged patent infringements.