An Australian appeals court judge has questioned the fairness of a ruling that granted Apple’s request to ban the sale of the Samsung Galaxy in the never-ending legal dispute ver patent infringement.

“The result looks terribly fair to Apple and not terribly fair to Samsung,” Federal Court Justice Lindsay Foster said Friday at a hearing in Sydney on Samsung’s appeal for the ban to be overturned — as reported by “Bloomberg” ( Federal Court Justice Annabelle Bennett issued an injunction Oct. 13 barring the sale of the Galaxy 10.1 Tab in Australia until Apple and Samsung resolve the patent dispute at trial.

Bennett failed to consider the “dire consequences” of the ban on Samsung, which has been “entirely shut out” from marketing the device, Neil Young, Samsung’s lawyer, said. According to “Bloomberg,” Justice John Dowsett said the panel would try and rule early next week on Samsung’s request to lift the injunction.