Apple's attempts to use the legal system rather that compete with rivals on the basis of having a better product have failed down unders.
Jobs Mob had a cunning plan to keep the Samsung Galaxy Tab off the shelves with an injunction until it became out-of-date. A lower court
gave it an injunction and Samsung appealed.
The Higher Court said that the injunction was wrong in a case where the product had such a short shelf life, and besides there was a chance that Samsung would win a patent case if it was allowed to present all the evidence. Apple has insisted that it owns the rights to everything that is flat, black and rectangular.
Jobs' Mob appealed the Federal Court decision. It was not likely it would win but it at least kept the Samsung Tablet off the shelves for another week in the run up to Christmas. The High Court did not change its mind and so Aussies will be able to buy the Tab for Christmas after all.
In the High Court today Apple's lawyers claimed that the original judge was correct in granting the injunction against the Galaxy Tab. The Federal Court analysis in overturning the ban was "replete with error" and maintained the original judge conducted the proper analysis.
One of the judges today said Apple only won the original ban by the "skin of its teeth" as Samsung was penalised for refusing to agree to an early final hearing.
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