Tuesday, December 6, 2011

Samsung Electronics Co. Limited v Apple Inc. [2011] FCAFC 156

The matter of Samsung Electronics Co. Limited v Apple Inc. [2011] FCAFC 156 was an appeal to the Full Court of the Federal Court of Australia (Dowsett, Foster and Yates JJ) on 30 November 2011 from the decision of Bennet J on 13 October 2011 to grant an injunction in favour of Apple concerning Samsung's Galaxy Tab 10.1 product. I published a post on the decision of Bennet J, which is here.

The appeal was completely successful, and it appears that Samsung may have a Merry Christmas in preference to Apple. However this may be short lived, as the High Court (Heydon J) granted a stay of the Full Court's decision.

The Full Court undertook an extensive analysis of the authorities and commentary on interlocutory injunctions between [52] and [74]. I have not extracted this as it is a very lengthy discussion by the Court.

The High Court granted a stay of the decision of the Full Court. The stay is in place until 9 December 2011, at which point the High Court has scheduled a hearing for special leave. 

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