Samsung wins appeal, Australian Galaxy Tab 10.1 injunction overturned
abc.net.au
abc.net.au
It is sufficient for us to express the view that, on the
present state of the evidence, there is a real and
substantial prospect that the importation into and supply
in Australia of the Galaxy Tab 10.1 will not infringe
claim 6 of the Touch Screen Patent. We have referred to
a number of difficulties that confront Apple in making good
its case on infringement. It may well be that, on a final
hearing, Apple will meet these difficulties. But
difficulties they are. Whilst we would not be prepared to
say that Apple's case on infringement is not open to be
argued, the difficulties to which we have referred do
affect the assessment at the present time of the probability
that, if on a final hearing the evidence remains the same,
Apple will be found to be entitled to final injunctive
relief for infringement of that claim. If Apple has
established a prima facie case at all (which we doubt), it
is founded upon a construction argument which, if the
evidence remains as it is, is unlikely to succeed at trial.If Apple considers them their biggest threat, then that's quite an endorsement.
7. The respondents pay the appellants’ costs of and
incidental to the application for leave to appeal and the
appeal.
The appellants are Samsung and the respondents are Apple. I don't know about Australia, but in the US winning court costs tends to be a big deal.