court stops sale of samsung tablets - 46 touch screen overlay

The federal court temporarily banned Samsung from selling the latest tablets in Australia.
The decision to stop the sale of Galaxy 10.
In the global patent war between the two companies, tablets have once again won legal victory.
Since April, the two companies have fallen into a fierce battle in nine countries involving patents for smartphones and tablets, and Australia's controversy has focused on touch.
Screen technology.
Apple has accused Samsung of being too similar to its iPad and iPhone in its Galaxy series tablets and phones, and has applied for a ban on Samsung's inventory to be destroyed by selling or advertising these products in Australia
In a federal court in Sydney today, Judge Annabelle Bennett approved a temporary ban on Samsung, ruling that Apple has established preliminary evidence that South Korean companies are infringing the copyright of touch screen technology.
The decision is not a final one, but for now it means Samsung is unable to sell tablets in Australia.
Judge Bennett said that Apple may succeed in the trial, but must weigh the balance of evidence.
"I am satisfied that it is appropriate to grant an interim injunction, but again I propose an opportunity for a final hearing in advance on the issues raised in the application," she told the court . ".
"Despite the strong submission from Samsung, I find that Apple has established a case of infringement with solid preliminary evidence (its)patent(s).
"That is to say, it has established a probability, not necessarily a probability in the mathematical sense, which, according to the present evidence, will succeed in the trial.
"In general, given that Apple has established prima facie cases on two separate patents, the balance of convenience is in its favor, and I am satisfied that it is appropriate to approve the temporary ban.
"Neither Samsung nor Apple will back down, and the risks on both sides are high.
It is possible that they will reach an agreement at a future hearing, just as Samsung has made some changes in the past to try to get its products beyond the production line.
Some industry experts say the broad nature of Apple's patents means it can even sue other competitors.
Apple may target Samsung first, they say, because it's the biggest threat.
Experts say the charges against Samsung could be a test case before Apple makes the same attempt against other competitors.
However, it is not clear whether the court will allow such a broad monopoly on multiple countries
Touch technology.
The Federal Court's ban applies until it decides on the disputed core patent issue, which could take months to force Samsung to miss the Christmas gift --
Australian season.
Samsung said the survival of the product in the Australian market would be killed if it missed Christmas.
Samsung said in a statement that it would seek legal advice on its options.
"We are disappointed with the ruling," the company said . ".
"Samsung will continue to bring legal action against Apple's claims to ensure that our innovative products are still available to consumers.
"The decision came after Apple's successful legal action to prevent Samsung from selling tablets in Germany and some smartphone models in the Netherlands.
Earlier, similar hearings were held in the United States and South Korea.
Hearings will be held in Australia in the coming months.
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