(Image source: gigaOM)
BY EVAN THOMAS
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Samsung scored a hit against Apple in the companies’ globe-spanning patent slapfight this week, with a ruling from an Australian federal appeals court.
A panel of judges unanimously overturned Apple’s previous injunction, which prevented the sale of Samsung’s 10.1-inch Galaxy Tab in the country on grounds that it bore too many similarities to Apple’s iPad.
So how did Samsung score the win? George Stahl talks to the Wall Street Journal about the court’s rationale.
“The appeal court said that argument was irrelevant, the court shouldn’t have considered that, and said that the tablets have such a short life that to have a ban for a few months, especially over the holiday season, that’s too big a penalty to weight in this type of matter.”
GigaOM says with Samsung’s victory in the flagship lawsuit, Apple is the one off balance now.
“The ruling is a major setback for Apple, since it basically takes away the iPad maker’s initial successes in its case against Samsung. That means the burden will once again be squarely on Apple’s shoulders when it seeks a permanent injunction in the full trial to be held next year.”
But while this might be a battle won for Samsung, ZDNet says Apple is still winning the war.
“While a rare victory for Samsung, where the seemingly one-sided war has seen Apple prevail in all but every jurisdiction it has brought a claim, it may not have significant impact on other cases around the world.”
And, as Time points out, Samsung’s gained ground might all be for nothing if Apple decides to hit back.
“But Samsung’s not out of the woods yet–Apple can file an appeal to Australia’s High Court (like our Supreme Court) requesting that the ban remain in place.”
Apple’s legal team says an appeal is planned -- but if the company doesn’t appeal the ruling, Samsung can start selling its tablet in Australia on Dec. 2.