Samsung APPLE'S patent battle with Samsung isn't over yet.

The fight erupted this spring after Apple alleged Samsung's Galaxy smartphones and tablets infringed its patents. Apple filed a rash of suits in ten countries and earned early victories from courts in Germany and the Netherlands -- where Samsung was forced to alter the design of its phones.

In Australia last week, Apple won an extension until Friday of a ban on sales of Samsung's tablet. But the decision of a court in San Jose, California, was always seen as potentially pivotal given the size and importance of the US market.

That trial is not due to start until next year, but Apple had also requested a preliminary injunction blocking sales of Samsung's Galaxy products in the US ahead of the crucial holiday-sales season.
On Friday, that request was thrown out, and Samsung moves into the most critical shopping period of the year at full steam ahead.

Apple's aggressive defence of what it believes to be its intellectual-property rights has surprised some in the technology sector -- especially as the company has long cultivated an image as the cool, non-establishment corporation.

But there is plenty at stake.

In tablets, Apple enjoys the benefit that comes from being an early mover -- the iPad dominates the tablet market, accounting for more than three quarters of all tablets sold by most estimates.

But with the tablet market growing rapidly -- Canaccord Genuity says sales will rise by 66 per cent in 2012 compared to the current year -- Apple's rivals, including Samsung, are competing harder for sales.

In the world-wide smartphone market -- which counted 115 million unit sales in the third quarter of 2011 -- it's a different story.

Samsung's phones are already the choice of most consumers. The Korean company's phones lead all competitors, including Apple's iPhone, with 17.8 per cent of the market, according to Gartner.

Friday's ruling will not extinguish the legal wrangling between the two tech giants and Apple's main complaint won't be heard until months from now. In the meantime, Samsung gets more of its products in front of more US consumers.