Samsung granted ‘fast track’ appeal to lift tablet ban

28 October, 2011 by Grace Robinson
AAA
News

The Federal Court has agreed to speed up the proceedings of Samsung Electronics’ appeal against the ban on its Galaxy Tab 10.1 in Australia, amid reports that Apple is now targeting online sellers of the tablet device.

Apple recently was permitted an injunction against the sale of Samsung’s Galaxy Tab 10.1 in Australia, following allegations that it copied elements of the iPad.

The Sydney Morning Herald reports that while the ban extends to local retailers like Harvey Norman, several online outlets have disregarded the ruling and are offering the tablet to Australian consumers.

Apple is now targeting these online sellers, issuing sites likeĀ  MobiCity.com.au and dMavo.com.au with letters threatening legal action.

But, as the SMH reports, the online retailers are not backing down just yet. A spokesman for dMavo issued the following statement:

“At this stage we will not be responding to their [letter of demand] so as not to give them any ammo should the matter proceed to court,” the spokesman for dMavo explained.

“As you can appreciate, we’d rather spend our time evaluating the best restructure options so that we can keep on selling these tablets to the Australian public.”

While the initial injunction will make it easier for Apple to prevent future sales of the Samsung Galaxy Tab, many of the online sellers are based in Hong Kong, bringing into question whether Australian courts would have any jurisdiction.

In court yesterday, Samsung has been given an expedited hearing by the Federal Court in Sydney, with the aim to lift the ban before the Christmas shopping season commences, though no date has been set yet.

Apple and Samsung have been fighting legal battles against each other globally since the beginning of this year, with allegations on both sides of infringements involving smartphones and tablets.

Samsung is counter-suing Apple in several countries, including Australia, and recently filed a suit seeking to ban sales of the iPhone 4S, according to the SMH.

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