When it allowed Samsung’s appeal against the grant of an interlocutory injunction preventing the importation and sale in Australia of Samsung’s Galaxy Tab 10.1 tablet computer, (see Samsung Electronics Co. Limited v Apple Inc. [2011] FCAFC 156 (30 November 2011)), the Full Federal Court stayed its order lifting the injunction until 4:00 pm today.
We have learned that this morning, High Court Justice Heydon, after hearing arguments from the parties, has granted a request by Apple to extend the stay for a further week, which would give Apple further time to make an application for special leave to appeal to the High Court against the Full Federal Court’s decision.
Presumably the High Court may be interested in hearing a special leave application on the case and Justice Heydon has indicated that a special leave hearing could be scheduled for Friday next week.
It appears then that Samsung has lost another week of pre-Christmas sales and accordingly this development is likely to be an important commercial win for Apple.