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High Court reinstates Oz Galaxy 10.1 ban

Turn around again, Samsung

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Samsung, which was hoping that it could kick of Australian sales of its Galaxy 10.1 Tab next week, has again been thwarted – this time by Australia’s High Court.

As reported in The Register on November 30, the full bench of the Federal Court lifted the injunction against sale of the tablet. This order, however, was stayed pending today’s hearing in Australia’s most senior court.

The Federal Court had told Apple in Wednesday’s hearing that its next move to extend the ban had to be to the High Court, and the vendor took that option. The High Court has not made any determination on the case; rather it has extended the injunction against Galaxy 10.1 Tab sales for another week until a hearing can be scheduled.

The court has accepted that Apple has the right to seek special leave to appeal to the High Court in next week’s hearing; the court will decide at that point whether there are any matters in the Federal Court’s last orders that require it to hear an appeal.

According to Reuters, the precise wording of the order by Justice Dyson Heydon is that the November 30 Federal Court order “be stayed pending the termination of applicant’s [Apple’s] application for special leave to appeal”. ®

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