The High Court of Australia today denied Apple's request for special leave to appeal against the Full Federal Court's decision effectively allowing Samsung to market its Galaxy tab 10 .1 in Australia pending a final hearing on Apple's patent infringement action. 

Apple was initially granted an interlocutory injunction but that decision was overturned by the Full Federal Court after Samsung appealed (see our previous alert).

Apple applied to the High Court for special leave to appeal against the Full Federal Court's decision. However, Apple's hopes of preventing Samsung from selling its Galaxy Tab 10.1 in Australia for the Christmas period were dashed today when the High Court rejected Apple's special leave application.

The High Court agreed with the Full Federal Court that Justice Bennett had not sufficiently considered the merits of Apple's claim that Samsung's product infringed Apple's patents.

The matter will now be returned to Justice Bennett for a final hearing in due course unless the parties settle in light of the commercial reality that Samsung's product is now entering in the market.