Australian judge calls Samsung Galaxy Tab 10.1 ban 'not terribly fair'

Last month Samsung's Galaxy Tab 10.1 was banned in Australia until Samsung and Apple resolve their patent dispute. This month an Australian appeals court judge questioned the ban, implying that it was great for Apple but unfair to Samsung.

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The sales ban of the Galaxy Tab 10.1 in Australia happened on October 13 with the ruling being passed down by Justice Annabelle Bennett. The sales ban was originally set to be in place until the patent dispute Apple brought against Samsung, saying the Galaxy Tab 10.1 ripped off the design of the iPad 2, was resolved.

But now appeals court judge Justice Lindsay Foster is questioning the ban saying “The result looks terribly fair to Apple, and not terribly fair to Samsung.” That kind of talk indicates the possibility that the sales ban could be over turned in the country and hopefully not a moment too soon.

Samsung is arguing that the Christmas period will make or break the Galaxy Tab 10.1. The company also argued that due to the fact that they couldn't market the tablet in Australia, their initial sales projections for the device were impacted. Samsung is hopeful that they will win the appeal and have the ban lifted before the holiday shopping season gets any further along or else they fear the device will be "dead."

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Bloomberg is reporting that one of the three justices in the case will be making a judgement next week, which would get the ban overturned in time for the beginning of December, the real beginning of the holiday shopping season in Australia.

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