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Samsung gets a few days of Christmas

High Court nixes Apple appeal, Galaxy 10.1 in stores Monday

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Breaking: Australia’s High Court has refused Apple’s application for special leave to appeal in the ongoing Apple-Samsung case.

Readers will recall that after the Federal Court in Sydney lifted the injunction that had kept the Galaxy 10.1 off the shelves, Apple immediately requested a stay on the orders so it could seek leave to appeal the Federal Court’s decision to the High Court.

The High Court then extended the injunction against Galaxy 10.1 sales until this morning’s hearing.

The High Court has now decided that there are no grounds for Apple to appeal is insufficient prospect that an appeal against the earlier Federal Court decision would succeed.

It’s not all over yet: as The Register understands things, this decision reinstates the status quo after the Federal Court’s full bench decision. Under that order, Samsung is now able to sell the Galaxy 10.1 Tab, but must keep meticulous records of sales – both of the device and of apps sold to Australians – ahead of the full hearing of the patent dispute next year.

However, as the Federal Court had noted in its early December decision, the short lifetime of products like the Galaxy 10.1 Tab (and for that matter the iPad) means the case is probably moot, except in financial terms. By the time the case is won and lost, both vendors will have moved on.

It being Friday, Samsung is likely to spend the weekend flying devices into Australia to try and hit the shelves as soon as possible. ®

Update: Samsung says the device will on on the shelf on Monday, December 12, with list prices of $AU579 for the 16 GB WiFi Galaxy 10.1 Tab, and $AU729 for the 3G version. ®

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