Federal Court Determines That “Double Patenting” Is Not a Basis for Revocation

Apple v Samsung – the patent war continues..


The patent war between Apple and Samsung continues unabated. In the last round, Apple successfully sought – and obtained – an interim (interlocutory) injunction against Samsung, thereby preventing Samsung from selling its Galaxy Tab 10.1 in Australia. (Just in time for the Christmas shopping season.) 

Samsung appealed the decision and the Full Federal court has issued its decision today that the primary judge made a mistake in granting Apple’s request for a ban on the sale of Samsung’s Galaxy Tab 10.1. Consequently, customers are allowed to buy Samsung’s rival to the iPad 2 as early as 2 December 2011 pending an appeal.

It is now Apple’s turn to appeal to the High Court to extend the injunction past 2 December 2011.

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