Apple has won its preliminary injunction against Samsung in Australia. Sales of Samsung’s Galaxy Tab 10.1 cannot be made until there is a full hearing, which is likely to be scheduled sometime next year. It’s official — the Galaxy Tab 10.1 will likely not be available in Australia for the upcoming holiday season.

The arguments in Australia remain the same as in other jurisdictions where Apple has won preliminary injunctions: Samsung has blatantly copied Apple’s device, experience, and packaging with the Galaxy Tab 10.1.

Samsung has gone on the record stating:

“This is a part of our ongoing legal proceeding against Apple’s claim. Samsung is also confident it can prove Apple’s violation of Samsung’s wireless technology patents through a cross-claim filed on September 16, 2011 with the Federal Court of Australia, New South Wales.

“Our wireless standard patents are essential for mobile business. We will continue to legally assert our intellectual property rights against those who violate Samsung’s patents and free ride on our technology.”

With the holiday season just around the corner, it’s beginning to look increasingly likely that this patent fight will continue to heat up. There’s a lot of holiday sales at stake here, and missing out on those could be catastrophic to Samsung’s bottom line during the quarter.

But, that’s not stopping Samsung from taking the fight to Apple’s door in Australia. Samsung has rented a “popup” store that they plan to set up directly within view of the queue for the iPhone 4S at the Sydney Apple Store. It may be modern day guerrilla marketing tactics, but something tells us that the people lining up for the iPhone 4S have already picked their side in this battle.

Source: SMH