Samsung is swinging like a warrior right now, demanding carrier agreements from Australia’s three major telcos as well as the source code for the iPhone 4S. Samsung is seeking an injunction for the sale and import of Apple’s newest iPhone in Australia and their legal counsel has requested this documentation to make their case for an interlocutory injunction.
“It goes to show [that] since the iPhone 3G was made available in Australia in July 2008, the impact on the market for every iPhone product has been significant, and has lead to a substantial increase … in market share by revenue,” Samsung’s legal counsel Cynthia Cochrane told the court.
More after the break
Samsung is specifically looking for the subsidies paid by the three major Australian telcos, Telstra, Optus and Vodafone, to secure the iPhone 4s. Cochrane contends that subsidies paid by the telcos to Apple mean there is less to go around for Samsung’s products.
Apple and Samsung are tied up in patent litigation all over the world. The bulk of the Apple patent suits seem to speak to design, and user operation. Samsung on the other hand, is looking at cellular technology patents that they say Apple has violated in the production of the iPhone 4S. According to an article on ZDNet Tuesday, these patent infringements include;
- Method and apparatus for transmitting/receiving packet data using a pre-defined length indicator in a mobile communication system (WCDMA)
- Method and apparatus for data transmission in a mobile telecommunication system-supporting enhanced uplink service (HSPA)
- Method and apparatus for transmitting and receiving data with high reliability in a mobile communication system supporting packet data transmission (HSPA).
Samsung also says that this wasn’t an automatic patent suit after the release of the iPhone 4S. Samsung says that Apple declined a licensing agreement.
Apple’s lawyers think the suit is frivolous since the iPhone 4S is already available in Australia. If Samsung were to win than the remaining iPhone 4S devices would have to be returned from stores to Apple and Apple would have to cease selling the devices in Australia. Apple counsel Cameron Moore said “the horse had already bolted”, in regards to the iPhone 4S already being available in Australia.
Justice Annable Bennett is hoping to have a speedy outcome to the case but wants to make sure she understands everything at stake. She also said she would be especially fair because she admittedly owns both an iPad and a Samsung phone.