The legal hearing that will decide whether Samsung's Galaxy Tab 10.1 can officially be sold in Australia was heard today in the federal appeals court. The results of the deliberations won't be known until next week, however.
Apple recently won a temporary injunction against Samsung, forcing it to halt sales of the Galaxy tablet down under as the fruity firm claimed it was too close in design to the iPad 2, thereby infringing upon Apple's patents. Samsung of course denies that this is the case and is now hoping to overturn the ruling, even appealing for an injunction against the iPhone 4s.
As part of the hearing today, Samsung's legal head Neil Young put to the judge that there were a variety of differences between the iPad 2 and Galaxy tab, including the way the touch screens processed movement. “Samsung’s method does not use an angle to determine which command is to be given," he said, stating that his company's tablet used a horizontal and vertical channel to map out the movement of the user's finger.
However, the underlying argument of Mr Young and the rest of the legal team is that the judge that presided over the original hearing, Annabelle Bennet, didn't look at Apple's chances of winning a court battle – if it was taken that far - and therefore the injunction was unjust. They argue that had Bennet done so, she would have seen Apple's claims were weak and therefore not initiated the temporary ban of the Galaxy tablet.
Businessweek reports that on top of attempting to overturn the original Australian ruling, Samsung is counter-suing with a claim that Apple's iPhones and the iPad 2 infringe upon wireless technology patents that it owns. The trial for that case is expected to take place sometime in March.
Despite the ongoing injunction against Samsung, several retailers have found their own ways to continue sales of the Galaxy Tab 10.1. Most of these involve selling the tablets from the European branches of their businesses online, thereby bypassing the local ban.