This seems to capture the general flavour of the ruling:
It is sufficient for us to express the view that, on the
present state of the evidence, there is a real and
substantial prospect that the importation into and supply
in Australia of the Galaxy Tab 10.1 will not infringe
claim 6 of the Touch Screen Patent. We have referred to
a number of difficulties that confront Apple in making good
its case on infringement. It may well be that, on a final
hearing, Apple will meet these difficulties. But
difficulties they are. Whilst we would not be prepared to
say that Apple's case on infringement is not open to be
argued, the difficulties to which we have referred do
affect the assessment at the present time of the probability
that, if on a final hearing the evidence remains the same,
Apple will be found to be entitled to final injunctive
relief for infringement of that claim. If Apple has
established a prima facie case at all (which we doubt), it
is founded upon a construction argument which, if the
evidence remains as it is, is unlikely to succeed at trial.
In line with what inclinedplane said, I've always found it strange that costs are generally not awarded in US legal culture. Awarding costs takes a lot of the momentum out of strategic and extortive lawsuit practices, and gives people a lot more incentive to settle out of court - a practice that's broadly regarded as a good thing. If anyone knows a reason it's not done, I'd be interested to hear it.
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[ 2.9 ms ] story [ 18.9 ms ] threadIf Apple considers them their biggest threat, then that's quite an endorsement.