The hearing in Apple’s case seeking a preliminary injunction barring release of Samsung’s Galaxy Tab 10.1 in Australia has again been adjourned – this time until 10.15am on Tuesday, 4 October 2011 (Monday being a public holiday in Sydney).
Time ran out for the parties to complete their arguments today, as the judge and participants in the highly-publicised Federal Court proceedings were forced to vacate Court no. 1, on the 21st level of the courts building (shown right), to make way for a moot – a mock court hearing for law students!
Justice Bennett had been expected to deliver a ruling next week, which is likely to determine whether the Samsung Galaxy Tab 10.1 tablet will be available in Australia in time for Christmas, or whether the kids will all be getting iPads!
Yet in a surprise development at around 3.30pm it seems there was suddenly talk in the court of a possible deal between the parties which might allow Samsung to get the Galaxy Tab onto the Australian market, in some form, ahead of a final ruling. If Apple and Samsung were to reach such an agreement, there would be no need for Justice Bennett to rule on the preliminary injunction.
However, the sudden talk of a deal did not prevent the hearing from continuing today. When Apple's lawyers suggested a break in proceedings, to enable them to take instruction from their client, Justice Bennett decided to proceed with hearing the rest of the evidence first. No doubt she wanted to ensure that there would be no need for a return to the courtroom next week if a deal could not be struck. Unfortunately, time was against her all the same.