Judge: Galaxy Tab 10.1 ban 'not terribly fair' to Samsung

Samsung may have its sales injunction on its Galaxy Tab 10.1 tablet overturned in Australia, after one judge said the initial ruling was "not terribly fair" to the Korean phone giant.

Samsung may have suffered an;injustice' after a court imposed a sales injunction on its Galaxy Tab 10.1 last month, according to one appeals court judge in Australia.

Questioning an October ruling that imposed a ban on Samsung's upcoming tablet, the company continues to fight an ongoing patent dispute with Cupertino giant Apple, after it was previously ruled the Galaxy Tab 10.1 infringed patents held by Apple, that were then used to protect the design of the iPad 2.

Regarding the ban, Justice Lindsay Foster told the court: "The result looks terribly fair to Apple, and not terribly fair to Samsung".

On October 13th, Apple convinced Justice Annabelle Bennett to issue a sales ban on the Galaxy Tab 10.1 in Australia until the two companies resolve the dispute at trial.

Samsung's legal representatives told the court that the company brought in other, in some cases rival tablets, to show the comparisons to the iPad, the centrepiece device at the heart of this case.

Whether Samsung was attempting to bolster its case against Apple in the Australian appeals court, or whether it was to demonstrate that many tablets presently on the market are no different to the Galaxy Tab 10.1 remains unclear, ZDNet Australia reports.

But Samsung's lawyers argued that the "dire consequences" of the tablet ban meant that the company was "entirely shut out" from marketing the device, which then subsequently had adverse effects on its initial sales projections.

Arguing that the Christmas period will either make or break the Galaxy Tab 101, the appeal is hopeful that the ban can be lifted before the holiday season, which could render the device "dead" otherwise, Samsung's lawyers said in an earlier hearing.

Bloomberg reports that one of the three justices' in the case will try and rule next week, and could overturn the sales injunction in time for the busy holiday shopping season, typically at the start of December.

Samsung continues to countersue Apple for allegedly violating patents on wireless networking and cellular transmission, with Samsung's case set to be heard in March 2012. Apple had objected, asking for a later date.


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