“The result looks terribly fair to Apple and not terribly fair to Samsung,” Federal Court Justice Lindsay Foster said today at a hearing in Sydney on Samsung’s appeal for the ban to be overturned.
According to Samsung’s lawyer, the earlier judge who ruled in favor of Apple did not take into account the “dire consequences” that the ban would have on Samsung, claiming that if Samsung is unable to meet the demand for its tablet during the Christmas holiday season, it would render the device “dead”.
Samsung’s lawyer also claimed that Apple had a weak case, and had the judge evaluated Apple’s chances of winning its patent-infringement claims, she would have turned down the request for an injunction. One of the judges of the appeals court panel has stated that they would try and rule early next week on Samsung’s request to lift the injunction.