Samsung’s Galaxy Tab 10.1 will be on sale “next week” after the High Court today denied Apple’s request to appeal against an earlier decision overturning the ban on the device.

Late last month the full bench of the Federal Court unanimously reversed a ruling that banned the Samsung Galaxy Tab 10.1 in Australia until a full hearing next year. The court had found that the original judge, in granting the temporary ban, didn’t properly weigh up the strength of Apple’s case.

Today’s decision was critical because, if Apple was granted special leave to appeal against the decision, the Samsung tablet would most likely never have seen the light of day, as, by the resolution of the case, it would have been overtaken by newer products.