Apple Inc. v Samsung Electronics Co. Limited: Interim Injunction Granted

The Federal Court has granted Apple an interim injunction on the new Samsung Australian Galaxy Tab 10.1 Tablet in Apple Inc. v Samsung Electronics Co. Limited [2011] FCA 1164 due to a potential infringement of Apple’s patent claims.

Samsung intend to launch in Australia a tablet known as the Galaxy Tab 10.1. Apple claims this product infringes certain claims in 13 of Apple’s patents and contravenes certain provisions of the Australian Consumer Law. Samsung denies these allegations and has filed a cross-claim seeking to revoke certain of the patent claims relied upon by Apple.

Bennett J found that that the “balance of convenience” was marginally in Apple’s favour and found that it was appropriate to grant the interim injunction. Bennett J felt the balance shifted in Apple’s favour due to the apparent infringement of the Touch Screen Patent and the Heuristics Patent.

The official case will next go to court for a directions hearing on the morning of November 1, which is Melbourne Cup day.

To keep up to date with the progress of this case  contact Timebase for a free trial of our Intellectual Property Point-in-Time product for the Australian Legislation.