Samsung Galaxy Tab 10.1 ban back on in Australia

Samsung's victory over Apple in Australia was short-lived, as a court rules that the ban on sales of its Galaxy Tab 10.1 device should be extended by another week at the minimum.

The electronics giant had rare cause to celebrate in its ongoing legal battle against tablet and smartphone rival Apple - which accuses the company of basing its Galaxy range of Android products on the iPhone and iPad designs - when the Australian federal court overturned a ban on sales of the device.

Sadly, another court has overturned the overturning, with Justice John Dyson Heydon stating that the earlier ruling should "be stayed pending the termination of applications application for special leave to appeal" - or to give Apple a chance to present new evidence, in non-legalese.

The court is expected to reconvene on the matter next week, at which point Samsung will learn whether the ban stands pending appeal, or if it is indeed able to go ahead with official - rather than grey-import - sales of the device.

The latest ruling comes as Samsung argues against a similar ban in the US, claiming that Apple's patent on a tablet-like device is invalidated due to its failure to declare prior art in the form of a concept device existing as far back as the nineties.

In court documents unsealed this week, Samsung explains: "In 1994, the publisher Knight-Ridder produced and distributed a video that showed such a device with many of the elements embodied in Apple’s later D’889 patent application, including an overall rectangular shape with four evenly rounded corners, a flat clear surface on the front of the device, a rim surrounding the front surface, a substantially flat back panel that rounds up near the edges to form the rim around the front surface, and a thin form factor.

"Apple failed to disclose this device to the PTO during the D’889 patent’s prosecution," Samsung claimed to the court, "even though Apple knew of its existence directly from Dr. Fidler, with whom Apple worked."

That's a claim with which the court appears to have a certain sympathy: mocoNews reports that US District Judge Lucy Koh indicated agreement with Samsung on the potential invalidity of Apple's tablet patent.