James Delahunty
25 Nov 2011 6:04
Judge questions fairness of injunction.
On October 13, Federal Court Justice Annabelle Bennett issued an injunction against the sale and marketing of the Galaxy Tab 10.1 tablet in Australia, until both Apple and Samsung resolve a patent dispute at trial. Samsung's lawyer, Neil Young, said that Bennett failed to consider the dire consequences of the ban on Samsung's business.
Now another Judge is questioning the decision. Federal Court Justice Lindsay Foster questioned the fairness of the ruling that led to the injunction being granted at Apple's request. "The result looks terribly fair to Apple and not terribly fair to Samsung," Foster said.
The Australian case is only one of several around the world between Samsung and Apple. The iPhone-maker has accused Samsung of "slavishly" cloning its i-Devices in its Galaxy line of smartphones and tablet PCs.
Throughout the industry there are several high-profile cases between tech firms involving patented technology used with mobile devices. This week, the European Commissioner for Competition, Joaquin Almunia, expressed concerns about how patents are being used to stifle competition in the market.