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Australian court fast-tracks Samsung's appeal against Galaxy Tab ban

by Phil Muncaster

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27 Oct 2011

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Samsung Galaxy Tab 10.1

Samsung's appeal against a recent injunction on sales of its Galaxy Tab 10.1 device in Australia has been fast-tracked, as the heated legal battle between Apple and the Korean manufacturer continues.

Apple was granted a temporary injunction banning sales of the Samsung tablet in Australia earlier this month, owing to alleged patent infringement.

Apple has already managed to block sales of the Galaxy Tab in Germany and the Netherlands, while Samsung has hit back with counter-suits requesting a ban on Apple's iPhone 4S in Australia and Japan.

According to widespread reports, Samsung has now been granted an expedited hearing by a federal court in Sydney, as the company seeks to reverse the Galaxy Tab 10.1 ban which could hit Christmas sales in the country.

"I'm quite firm of the view that the matter should proceed on the basis that the lead application be referred to a full court, that it be listed at the same time as any prospective appeal and that the matter be expedited," justice Lindsay Foster is quoted as saying.

A court date has yet to be set, however.

Patents analyst Florian Mueller said that Samsung is taking the right approach, but is pessimistic about the firm's chances of succeeding with its own injunction against the iPhone 4S.

Samsung has already failed with an injunction request in the Netherlands.

"Samsung is doing the right thing by resolving the Galaxy Tab 10.1 ban matter sooner rather than later," Mueller told V3. "The judge proposed an early final trial and Apple was ready to proceed quickly. Now Samsung agrees."

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