Samsung will be able to sell their Galaxy Tab 10.1 again in Australia as the Federal Court of Australia has overturned the preliminary injunction which was initiated by Apple, who claim that the Galaxy Tab 10.1 infringes on the design of their own products.

Luke Hopewell reported for ZDNet Australia and he said “The unanimous decision made by Federal Court Justices John Dowsett, Lindsay Foster and David Yates ordered that the injunction made by Justice Annabelle Bennett be overturned, allowing the Samsung Galaxy Tab 10.1 to be released in Australia, In a surprise move, however, Apple legal counsel Stephen Burley SC then sought a stay of the orders handed down by Justice Foster so that an appeal against the overturning of the injunction could be heard before the High Court of Australia.”

“Naturally, Samsung had strong objections to the stay of orders. ‘This order serves to prolong the injustice held against Samsung,’ the Korean gadget-maker’s representatives told Justice Foster today, adding that any stay or appeal to the High Court would see Samsung crippled in the upcoming Christmas shopping season. ‘Any stay, no matter how short, given the [impending] … Christmas season would prove further hardship to Samsung. Justice Foster conceded to the orders proposed by Apple and issued a stay of orders until 4pm (AEDST) on Friday so that Apple could file its appeal in the High Court of Australia.”

This is a blow to Apple who had been granted a temporary injunction by a judge. The release of the ban comes at a good time for Samsung who should now be able to push their product in the run up to end of year sales.

Kitguru says: This battle is far from over, and still rages on in various parts of the globe.

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