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ARTICLE · 25 FEBRUARY 2012

IPT INSIGHTS : Intellectual Property

A summary of recent cases & legislative developments in the fields of intellectual property and media.

AustraliaMedia, Telecoms, IT, Entertainment

AUSTRALIA

HIGH COURT ENDS APPLE'S BATTLE TO BAN SAMSUNG GALAXY TAB - FOR NOW

The High Court of Australia denied Apple's request for special leave to appeal, which effectively allows Samsung to sell its Galaxy Tab 10.1 in Australia. Apple had appealed against the Full Federal Court's decision lifting an injunction against sales of the Galaxy Tab 10.1.

In its decision, the High Court agreed with the Full Federal Court that the original court decision to grant the injunction had not sufficiently considered the merits of Apple's claim that the Galaxy Tab 10.1 infringed Apple's patents.

The decision comes on the heels of a US District Court decision in a related case in California, where the judge denied an interim injunction in favour of Apple against sales of Samsung's Galaxy tab 10.1.

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