Apple Inc & Anor v Samsung Electronics Co. Limited & Anor

Apple Inc and Apple Pty Ltd (collectively, Apple) brought proceedings against Samsung Electronics Co. Limited and Samsung Electronics Australia Pty Ltd (collectively, Samsung) in the Federal Court of Australia. The dispute concerned allegations by Apple that Samsung had infringed certain of its Australian registered designs relating to tablet computers. Apple sought interlocutory relief to restrain Samsung from importing, selling, or otherwise dealing with the Samsung Galaxy Tab 10.1 tablet computer.

The primary legal issue before the Full Court of the Federal Court was whether the primary judge erred in granting an interlocutory injunction restraining Samsung from importing and selling the Galaxy Tab 10.1. This involved a consideration of whether Apple had established a sufficient likelihood of success on the merits of its design infringement claims, and whether the balance of convenience favoured the grant of an injunction. Specifically, the court had to determine whether the registered designs relied upon by Apple were valid and whether the Samsung Galaxy Tab 10.1 infringed those designs.

The Full Court found that the primary judge had erred in his assessment of the balance of convenience. While acknowledging that Apple had established a *prima facie* case of infringement, the court held that the potential prejudice to Samsung from an injunction, particularly in the context of a rapidly evolving market and significant investment in product launch, outweighed the prejudice to Apple. The court applied the principles governing interlocutory injunctions, emphasising the need for a careful weighing of the respective harms to each party and the overall justice of the case, particularly where the validity of the registered designs remained in dispute.

The Full Court therefore set aside the interlocutory injunction granted by the primary judge.