The High Court of Australia, the highest court in the land, authorized, Friday, December 9th, the South Korean group Samsung to sell its touch pad, rejecting the request of rival Apple to extend the prohibition of marketing.This decision is a new episode in the legal battle being waged between the two groups in a dozen countries. The tablet Samsung Galaxy Tab 10.1, was banned for sale in Australia mid-October, at the request of the American Apple, which accuses Samsung of patent infringement. Apple accused the Samsung Galaxy Tab 10.1 of violating its touch screen technology, used for the iPad.
The Federal Court in Sydney, seized by the South Korean had temporarily lifted the ban in late November. The High Court confirmed the lifting of the ban, just before the Christmas holidays, which can be played during the commercial success of these devices. No appeal is allowed, said the High Court. The case has not been considered on the merits, and date of next hearing to be determined.
Legal battle
Samsung has expressed satisfaction with the court, which shows that the prohibition of sale "should not have been imposed" for the Galaxy Tab 10.1, in the words of a spokesman for the Australian agency AAP . Apple, however, maintains its position, saying that the latest Samsung products "are very similar to the iPhone and the iPad, the shape of the hardware to the user interface, and even the packaging," according to an email from a Apple spokeswoman in Sydney.Since spring 2011, the two competing manufacturers are waging a legal battle accusing each other of international counterfeiting technology and design.
In early September, a German court has banned the sale in Germany of the Galaxy Tab 10.1 and provided an important victory in its battle group in California International. In November, Samsung said it had changed the design of the tablet, for the German market. The sale of the tablet from Samsung will not be blocked either in the United States for the period year-end.
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