Samsung appeals Australian Galaxy Tab injunction
On Thursday, Samsung began the appeal process that could overturn an injunction preventing it from selling the Galaxy Tab in Australia. Samsung lawyer Neil Young argued that Justice Annabelle Bennett "made errors of law in her approach" and based her injunction decision on "irrelevant considerations." Justice Lindsay Forster, who is presiding over the appeal, allowed Samsung to proceed and expedited the process so the Korean company could have a chance to overturn the injunction before the end of the holiday shopping season. A date for the appeal has not been set, but Foster hopes to schedule it for the week of November 21.
Apple is also turning its attention to third-party resellers in Australia that are still selling the Galaxy Tab. A few brazen retailers like MobiCity.com.au and dMavo.com.au have received threatening letters from Apple. A dmavo spokesperson confirmed the company intends to continue selling the Galaxy Tab and is not responding to the request in case it goes to court.
Now that it has been granted an injunction against Samsung, Apple could file for additional injunctions against other companies. A fight against MobiCity and dMavo may be difficult as these two companies are based in Hong Kong which makes jurisdiction a thorny issue. Other retailers, like Australian-based Kogan, have complied with Apple's request and stopped selling the Galaxy Tab.
[Via Sydney Morning Herald]
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