In August of this year, Australian Federal courts approved an injunction filed by Apple that temporarily banned the sale of Samsung’s Galaxy Tab 10.1.
Today, those same courts lifted the ban, allowing sales to move forward without hindrances as soon as December 2. The ruling was approved unanimously by a three-member panel of federal judges.
Samsung has had trouble garnering sympathy in some areas of the globe. Germany recently banned the sale of the Galaxy Tab 10.1 permanently. With Australia’s August ruling, many assumed that the country would follow the same path. Today’s ruling gives hope to the tablet underdog. ““We believe the ruling clearly affirms that Apple’s legal claims lack merit,” said Samsung in a statement.
Apple can still file an appeal to Australia’s High Court to keep the ban in place. If they do, the High Court will have until December 2 to decide whether to continue the band. If it does, Apple can appeal the latest ruling within 28 days.
HI Investment & Securities analyst Song Myung-sub said, “It’s hard to expect the ruling to have a major positive impact on Samsung’s tablet business or legal cases in other countries as Apple could appeal against the ruling and sales won’t be restored anytime soon.”
In addition to all the hard work and legal costs that Samsung is going through, it is likely that the Galaxy Tab 10.1 won’t sell very well, even if it does make it to retail shelves. The iPad’s popularity dominates the market and it is likely that most Australian tablet buyers have already invested in the iPad. There is reason to question whether it would be more cost effective for Samsung to cut their losses and allow the ban to continue.
On the other hand, Samsung does not want to look like it is conceding to Apple in the patent wars, so the high cost of the legal battle may benefit their reputation in the long run if they win.