The unanimous decision made by Federal Court Justices John Dowsett, Lindsay Foster, and David Yates ordered that the injunction made by Justice Annabelle Bennett be overturned, permitting the Samsung Galaxy Tab 10.1 to be released in Australia.
However, Apple legal counsel Stephen Burley then sought a stay of the orders handed down by Justice Foster so that an appeal against the overturning of the injunction could be heard before the High Court of Australia.
The Federal Court granted a temporary order against the sale of the Galaxy 10.1 in October, ruling that Apple had recognized a prima facie case that the South Korean company had breached touch screen technology copyrights.
The Sydney courtroom battle is part of a wider global war, where two of the world’s biggest technology companies are vying for supremacy in the US$100 billion market for tablet computers and smartphones.
Apple won a similar ban on the Galaxy Tab 10.1 in Germany in October related to copyrighting breaches, prompting Samsung Electronics to say it had customized the design of its newest tablet in an attempt to bypass the sales ban.
The two companies are also engaged in an ongoing battle over smartphone and tablet technology in the United States, Japan and South Korea.