Samsung’s been back in court today trying to overturn the injunction against it selling the Galaxy Tab 10.1.
ZDNet reports on the ongoing case, noting that Samsung’s legal representatives are arguing that the injunction against the company was incorrectly applied. The report quotes Samsung counsel as stating that Justice Annabel Bennett
based her response on the basis that Samsung wouldn’t accept an early final hearing, which tipped the balance against us. That is a flawed proposition. [What was proposed was]a preliminary hearing based on several prejudicial conditions … including an injunction … and no further evidence. That was used as a black mark that led fundamentally to the grant of interlocutory relief. Samsung was not unwilling to go to early final hearing, it was prepared to if there was no injunction … so in our submission, her Honour based her judgement on a wholly irrelevant consideration.”
The report notes that Justice Lindsay Foster appears to have agreed with Samsung, moving to have Samsung’s appeal expedited through the courts. [ZDNet]