Apple has had to admit defeat in its efforts to ban sales of Samsung’s Galaxy Tab 10.1 in Australia, after an Australian High Court has rejected an appeal to keep the device off shelves. Samsung, meanwhile, has also lost out in its attempts to ban sales of Apple’s iPhone 4S device in France, as the patent war between the two manufacturers drags on.

Apple had successfully secured a temporary injunction to ban sales of the Galaxy 10.1 in Australia, which had been in place since August this year. However, this was overturned by the New South Wales Federal Court in Australia at the end of November.

Last week Justice John Dyson Heydon from the High Court, ruled the injunction had to remain in place while the High Court considered whether to accept an application by Apple to appeal the decision.

The appeal has been refused, the Galaxy Tab 10.1 will be on shelves in Australia by Monday, allowing the Korean firm to capitalise on the lucrative Christmas sales period.

Meanwhile, in France, Samsung had been attempting to block sales of the iPhone 4S handset, but the French court has rejected the claim that the device copies Samsung’s Galaxy smartphones.

The court has ordered Samsung to pay €100,000 in damages to Apple, ruling that the Korean firm’s request had been out of proportion to the issue.