Samsung wins, Galaxy Tab to go on sale

The launch of the Samsung Galaxy Tab 10.1 has been given the go-ahead today after the High Court of Australia ruled that it would not hear Apple's application for special leave to reinstate the ban on the controversial tablet.

(Credit: Samsung)

The ruling means that Samsung is now free to import the Galaxy Tab 10.1 into Australia en masse for a full launch before the busy Christmas sales period.

Samsung Australia today announced that it will sell the Galaxy Tab 10.1 tablet "in time for the Christmas shopping period. The 16GB Wi-Fi model will cost $579, while the 16GB 3G- and Wi-Fi-enabled model will cost $729". Retailers including Harvey Norman, JB Hi-Fi, The Good Guys, Myer, Bing Lee and Officeworks are set to carry the device.

Vodafone this afternoon outed its prices for the Galaxy Tab 10.1; it is offering the device for $39 per month, including 1.5GB of data, on a 24-month contract.

The carrier will also offer the device on a 12-month contract, starting at $65 per month, complete with 1.5GB of data. Vodafone has already started its pre-order process.

Vodafone's Galaxy Tab 10.1 pricing.
(Credit: Vodafone)

Samsung said in a statement this afternoon that it is thrilled with the judgment.

"Samsung Electronics Australia is pleased with today's judgement by the High Court of Australia to deny Apple's request to appeal the decision of the Full Court.

"The Full Court of Australia decision on 30 November clearly affirmed our view that Apple's claims lack merit and that an injunction should not have been imposed on the Galaxy Tab 10.1," the company said.

Apple's application for special leave pertained to a recent decision by the Full Bench of the Federal Court of Australia that effectively overturned a preliminary injunction placed upon the Samsung Galaxy Tab 10.1 tablet.

The Full Bench of the High Court today heard evidence from Stephen Burley SC representing Apple and Neil Young SC representing Samsung.

Apple argued that the Full Bench of the Federal Court of Australia failed to adequately take into account the scope of the judgement originally handed down by Justice Annabelle Bennett that saw the Galaxy Tab 10.1 held off shelves due to alleged patent infringement.

"The [Federal] Court's analysis ... is with error," Burley said on the matter, adding comments to the effect that the full bench did not have adequate time to consider Samsung's appeal.

Despite these arguments, the High Court justices ruled that the application for special leave be denied and that Apple pay Samsung's legal costs — an argument that is yet to be concluded.

Comment is being sought from Apple.