Samsung has signified that instead of a preliminary injunction hearing in Australia for the iPhone 4S, the company would prefer a fast-tracked final injunction hearing against the Apple product next year.
“In the interests of an expedited and final resolution, Samsung has agreed to the Federal Court’s request to convert our application for a preliminary injunction to stop the sale of Apple products in Australia to an application for a final injunction,” the Suwon, South Korea-based Samsung said in a statement.
It added that: “Samsung is pleased with this outcome as we believe expediting the main proceedings will be the most effective way for Samsung to protect our intellectual property rights and bring about a final resolution to this case.”
This means that Samsung is dropping its request for a preliminary injunction on the iPhone 4S in the territory in exchange for the court to expedite a final injunction hearing next year.
With the final injunction hearing, the Apple iPhone 4S could be permanently banned in Australia if Samsung wins the case.
If Samsung loses, the iPhone 4S will be allowed to be sold without any issues in the territory.
Apple is claiming, however, that an expedited final injunction hearing will result in them not getting adequate time to prepare.
However, the court’s judge has stressed that the same argument was used by Samsung in the Galaxy Tab 10.1 case in the same court and that the court will not honor such claims.