Apple formally loses the first battle against Samsung

Apple's fight to prevent Samsung selling their Galaxy Tab 10.1 with an interlocutory injunction has ended with Australia's highest court refusing to revisit the previous decision on this issue which has allowed Samsung to sell the Galaxy Tab 10.1. This is the last step in Apple's preliminary battle to stop Samsung from selling its product in Australia in the short-term.

The real war begins when the actual patent infringement trial starts in early 2012.

You could say Apple has lost this battle and that the war is yet to be decided but this is unlikely to be correct. While Apple formally lost this decision, it resulted in a significant delay in Samsung's ability to sell their product, which is crucial before Christmas. It might be fairer to say that in fact commercially Apple won this battle too.

The decision has been monitored closely by professionals and the public alike, putting a spotlight on the interlocutory injunction process for patent cases in Australia.

For further information, read our previous case study on interlocutory injunctions.