Samsung, in its appeal against the injunction awarded to Apple over the Galaxy Tab 10.1 in Australia, claims the judgement is flawed.
According to an article on ZD Net, Samsung claimed in its appeal filed before Judge Lindsay Foster in the Federal Court of New South Wales, the judgement was incorrect and a leap of logic.
Apple was granted the injunction on the sale of Galaxy Tab 10.1 in Australia becauseSamsung was ‘unwilling' to get the case moved to an early final hearing stage, as per the judgement made by Judge Annabel Bennett.
"[Bennett] based her response on the basis that Samsung wouldn't accept an early final hearing, which tipped the balance against us," said Samsung's lawyers during the appeal.
"That is a flawed proposition. [What was proposed was] a preliminary hearing based on several prejudicial conditions ... including an injunction ... and no further evidence. That was used as a black mark that led fundamentally to the grant of interlocutory relief," they continued.
Apple has filed lawsuits against Samsung all over the world, including Australia. Samsung had earlier said that if it was not able to launch the device in Australia during the upcoming Christmas holiday season, then it would not launch the device in the country at all.