Appeal Judge Says Australian Ban on Samsung Galaxy Tab is Unfair

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Posted November 25, 2011 at 5:41pm by iClarified

An Australian appeal court judge says the ban on the Samsung Galaxy Tab is unfair, according to Bloomberg. Apple won the preliminary injunction against the device in its patent war with Samsung.

Federal Court Justice Annabelle Bennett issued an injunction Oct. 13 barring the sale of the Galaxy 10.1 Tab in Australia until Apple and Samsung resolve the patent dispute at trial. Bennett failed to consider the "dire consequences" of the ban on Samsung, which has been "entirely shut out" from marketing the device, Neil Young, Samsung's lawyer, said today.

Federal Court Justice Lindsay Foster said, "The result looks terribly fair to Apple and not terribly fair to Samsung," at a hearing on Samsung's appeal for the ban to be overturned.

Justice John Dowsett said "I find it hard to believe Apple couldn't keep accounts" to determine damages caused the sale of the device. Apple would then be able to use those accounts to claim damages if its suit was successful.

Dowsett says the panel will rule next week on whether to lift the injunction.

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Appeal Judge Says Australian Ban on Samsung Galaxy Tab is Unfair

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Russell - November 25, 2011 at 7:12pm

Finally, a judge comes to his senses.

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RipOff - November 25, 2011 at 8:53pm

... and ripping off other people's work is totally fair!

macCrookpro - November 25, 2011 at 9:48pm

duh! words fair and apple dont jive together.

Jason - November 26, 2011 at 9:15am

Ripping people's work is unfair. But so is claiming exclusive rights to the design of a rectangle with rounded edges. And even worse, Apple stands on the shoulders of giants, and is now kicking down anyone coming up behind them. We need more friendly giants in the tech industry.