Apple wins injunction against Samsung tablet in Australia

UPDATED Friday: Samsung New Zealand head of telecommunications Stefan Lecchi said the Galaxy Tab 10.1 was available through various retailers.

"Samsung New Zealand has not been impacted by any international legal issues with Apple, and both businesses are enjoying a healthy level of competition in the New Zealand market."

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Apple today won an interlocutory injunction by the Federal Court of Australia against the sale of Samsung's Galaxy Tab 10.1 in Australia, according to news outlets.

The 10.1 - which runs on Google's Android software and competes against Apple's iPad - went onsale in New Zealand last month.

The  injunction meant the tablet would not be sold in Australia until a full patent hearing can be held, ZDNet reported.

Samsung had previously agreed to delay release of the Tab in Australia until the court had made a decision whether Samsung had infringed Apple's patents with its new Tab, the Sydney Morning Herald reported.

Apple has previously accused Samsung of "slavishly" copying the iPhone and iPad with the Galaxy range, and first applied for an injunction against the tablet's sale in Australia in August.

Samsung promptly countersued, claiming Apple had infringed seven of its patents.

Today Justice Annabelle Bennett said in an interlocutory hearing that had a prima facie case, or a lawsuit in which the evidence before trial is sufficient to prove the case unless there is substantial contradictory evidence presented, that Samsung had infringed two of its patents in relation to touch screens and their control actions, the Sydney Morning Herald reported.

The paper reported that in October, Samsung said it would not release the Tab if the injunction were granted because missing the Christmas period would kill the tablet's chances in market.

Justice Bennet said she had to weigh this against the loss and injury that could be cause to Apple if Samsung were allowed to sell the tablet, the Sydney Morning Herald reported.

The dispute would proceed to a full hearing, with Justice Bennett giving the parties an opportunity for an early hearing next month, the results of which would not prejudice the full hearing's outcome, the paper reported.

The injunction follows another that banned sales of the Galaxy Tab in the European Union, and is part of an ongoing patent war between Samsung and Apple, who are now suing each other in about 10 countries.