Samsung has won the fight against Apple in court to overturn the ban on its Galaxy Tab 10.1 tablet computer.

APPLE today lost its High Court bid to block the sale of Samsung's Galaxy Tab in Australia marking a serious setback in its patent war with the Korean electronics giant.

Apple had sought special leave from the High Court to have an injunction against the sale of the device here reinstated after the full bench of the Federal Court overturned it last week.

However, the High Court today refused its application to appeal that decision in a special expedited application.

Read Next

The High Court acknowledged that its decision would effectively amount to a final determination of the outcome of the patent case as the Tab device would likely be superseded before the matter could be settled at a trial mid-next year.

Samsung Australia immediately issued a statement saying it would put the Tab on sale as soon as possible.

During its appeal to the full court Samsung argued that primary judge's Justice Annabelle Bennett did not test the prospect that Apple's case would succeed at trial sufficiently.

The full bench of the Federal Court accepted its arguments in a ruling handed down November 30. That ruling was reinforced today in the High Court.

"We see insufficient prospects of success on the part of Apple to demonstrate on appeal to this court error by the full court," High Court chief justice Robert French said shortly before refusing Apple's application with costs.

In a statement released today Samsung said its view that the injunction should never have been granted was vindicated.

"The Full Bench of the Federal Court of Australia decision on November 30 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 wrote.

Apple's court action may have had the unintended effect of raising the Galaxy Tab 10.1's profile.

Samsung said the Tab 10.1 would be available from retailers including Harvey Norman, JB Hifi, Good Guys, Myer, Bing Lee and Office Works.

It is understood Harvey Norman and JB Hifi expect to have stock available for Christmas sales.

The 16GB WiFi version would sell for a recommended retail price of $579, while the 16GB 3G version was priced at $729.

Ruslan Kogan founder of the Australian online electronics retailer, Kogan, said the device was already back on sale from the store and selling well.

"We've seen a surge in demand already today since the court ruling,” a spokesman for Kogan said.

A spokesman for Kogan said that the retailer resumed selling the device after the full court handed down its decision even though the temporary injunction against Samsung Australia remained in place until the special leave hearing today.

"Kogan has been selling them since the original court ruling overturning Apple's block nearly a fortnight ago," Kogan's spokesman said.

While the injunction stood, a number of online retailers who defied the injunction to import the device directly from overseas suppliers, including Dmavo and mobicity.com.au, enjoyed a holiday from competition with major retailers and sharp jumps in trade.

The situation drew the ire of Harvey Norman chief Gerry Harvey who said the online retailers were being allowed to perpetuate “a rort”.

Setting the agenda for Australia's $150BN agribusiness sector The program for Australia's premier agribusiness conference - The Global Food Forum - is set. Hear from more than 30 industry leaders including PepsiCo's CEO, Danny Celoni, Jayne Hrdlicka, CEO of A2 Milk Company, Barry Irvin, Executive Chairman, Bega Cheese and Costco's Managing Director, Patrick Noone. Sheraton Grand Sydney Hyde Park Book Now