December 1, 2011 15:10 Age: 2 yrs

Samsung Ruling in Australia Won’t Affect Apple Case in U.S., Holbrook Says

Samsung scored a rare victory Nov. 30 in the ongoing tablet war between its Galaxy Tab and the Apple iPad. But it’s unlikely the ruling by an Australian federal court will help Samsung’s chances in a similar patent lawsuit pending in a California federal court, said Emory Law Professor Timothy Holbrook.

The Australian court unanimously decided to lift a preliminary injunction imposed by a lower court on sales of the South Korean company’s Galaxy Tab 10.1, but granted Apple a stay on lifting the sales ban until Friday, Dec. 2, according to a Reuters story.

Apple is expected to appeal, and Holbrook says it’s doubtful the decision will affect cases in the United States.

"What happens in Australia will have no impact on what happens in the U.S.," Holbrook said. U.S. judges are usually hostile to considering precedents from other countries in their decisions, he added.

Related links:

Read the Reuters story

Professor Holbrook’s profile

 

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