Appeal lets Samsung sell Galaxy Tab Dec. 2

Samsung got a rare win in its defense against Apple after an Australian appeals court on Wednesday overturned a preliminary Galaxy Tab 10.1 ban. The Android tablet could go back on sale as of December 2 at 4PM local time. A ban hadn't been removed immediately as Apple successfully pushed to get time for a counter-appeal in the country's High Court.

The Galaxy Tab maker had started its appeal in late October on the assertion that Justice Bennett had "misunderstood" the very basics of the law. Apple had been arguing that the Galaxy Tab would deal tremendous damage to the iPad if it wasn't taken off the market before a formal trial started.

Samsung hasn't had much success elsewhere, having had the Galaxy Tab 10.1 banned in Germany and facing a ban on the 10.1N it had designed solely to try and get around Apple's preliminary win. The company had to modify Galaxy phones to get around a ban in the Netherlands.

The temporary victory doesn't necessarily affect the outcome of the final trial. If Apple is successful in its own appeal, Samsung also might not have an option like the 10.1N in Australia given that the patents are broader and less based around general design. [via Sydney Morning Herald]

By Electronista Staff

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