Just like in all the best movies, Australians look set to get their Christmas presents after all. The country’s High Court has dismissed Apple’s appeal in the long-running patent case with Samsung, allowing the Galaxy Tab 10.1 to go on sale.
Apple had been granted a temporary injunction against Samsung, halting sales of the tablet in Australia, after appealing against a ruling in facor of Samsung.
However, High Court chief justice Robert French has now ruled that Apple’s chances at trial aren’t good enough to justify the injunction.
“We see insufficient prospects of success on the part of Apple to demonstrate on appeal to this court error by the full court,” he said.
Thanks to the court ruling, sales will resume on Monday, after a five-month hiatus, and stores are already rushing to place their orders.
The 16GB Wifi model will cost $579, while the 16GB 3G- and Wifi-enabled model will cost $729. They’ll be available from Harvey Norman, JB Hifi, Good Guys, Myer, Bing Lee and Office Works.
“Much anticipated by Australian consumers, the Galaxy Tab 10.1 is testament to Samsung’s dedication to innovation in designing a premium tablet which accommodates the unique needs of consumers today, from entertaining, e-learning or business through its powerful multi-tasking and web-browsing experience,” says Tyler McGee, Australian VP of telecommunications, in a press release that doesn’t mention the injunction at all.
However, the main patent case, which covers two touchscreen-related patents, still has to be heard next year. If Apple wins the ban could be back on – although, by then, it’s possible the device will have been superseded anyway.
In the meantime, Samsung has been ordered to keep detailed records of sales of both the tablet and apps.
