Australian Federal Court Justice Annabelle Bennett has ruled that Apple must show Samsung its contracts with Vodafone, SingTel and Telstra if it cannot reach an agreement on Samsung’s accusations that the iPhone maker contractually forces the carriers to subsidize the iPhone. Samsung has also argued that the Apple iPhone 4, iPhone 4S, iPad 2 and iPhone 3GS infringe on its patents, and has sought to ban sales of the devices in Australia. Apple, however, has already successfully banned Samsung’s Australia-based subsidiaries from selling the Galaxy Tab 10.1 tablet. “We will resist any attempts by our friends to push us into a corner,” Apple lawyer Andrew Fox said. “This is quite clearly a fishing expedition.” Earlier this month, Samsung requested the iPhone 4S source code and, according to Bloomberg, Apple provided the company with 220 pages of code, but left out one file. Samsung also has ongoing lawsuits with Apple in Japan, Germany, France and the United States.
Samsung recently asked Apple to provide it with source code for the the firmware used in its iPhone 4S, ZDNET reported on Tuesday. The South Korea-based phone maker also asked for details on Apple’s subsidy agreements with Australian carriers Vodafone, Optus and Telstra. The moves were part of an ongoing lawsuit in which Samsung has accused Apple of infringing on three of its patents. Apple believes Samsung has no need to access the information, but Samsung’s lawyer argued that there are fewer subsidies available for Samsung’s products if subsidies are given for the iPhone 4S. Additionally, the source code may be just as important in proving that Apple is infringing on patents. Read on for more. More →
Samsung has appealed a ruling by an Australian court that prevents it from selling the Galaxy Tab 10.1 in the country in an effort to get the tablet on store shelves in time for the holidays. Samsung attorney Neil Young accused Justice Annabelle Bennett of making “irrelevant considerations” and “making errors of law in her approach” to the injunction. The request for an appeal hearing will be granted by Justice Lindsay Foster, likely for the week of November 21st, The Wall Street Journal reported on Thursday. Samsung and Apple are currently locked in a number of legal battles around the globe. Apple has successfully blocked Samsung’s local retailers in Australia and The Netherlands from selling the Galaxy Tab 10.1. In addition, similar lawsuits are ongoing in the United States, Japan and France.
Samsung recently filed lawsuits in Japan and Australia in an attempt to prevent Apple from selling the iPhone 4S. In addition, Samsung is seeking to block the sale of the iPad 2 and the original iPhone 4 in Japan, Bloomberg said Monday. In September, the South Korea-based phone maker also filed motions to ban the iPhone 4S in France and Italy. “Apple has continued to violate our patent rights and free ride on our technology,” Samsung said. “We will no longer stand idly by and will steadfastly protect our intellectual property.” Apple filed similar lawsuits against Samsung in the United States, Australia, Japan, France and the Netherlands. The iPhone maker successfully prevented Samsung’s local subsidiaries from selling the Galaxy Tab 10.1 in Australia and the Galaxy S, Galaxy Ace and Galaxy S II in the Netherlands. Samsung recently announced that it will tweak its the aforementioned smartphones in an effort to dodge the European sales ban. More →
Apple won a patent infringement lawsuit it brought against Samsung in Australia, The Sydney Morning Herald reported on Thursday. The ruling prevents Samsung’s Australia-based businesses from selling the Galaxy Tab 10.1 locally. Samsung had originally agreed not to sell or advertise its tablet in Australia until the court issued its ruling on the matter. In late September, the South Korea-based phone maker proposed a secret deal with Apple, in which it would tweak the parts of the tablet in order to avoid infringing on the iPhone maker’s patents, but Apple subsequently shot down the deal. Similar lawsuits are ongoing around the globe, including in Japan, France, the Netherlands and the United States. More →
The Apple iPhone 4S goes on sale in Australia on Friday and Samsung is ready to give it some competition from the get-go. According to The Sydney Herald, the South Korea-based phone maker set up a temporary pop-up shop two doors away from an Apple Store in Sydney, Australia. It then began to offer the Galaxy S II for just $2, which is valid for the first 10 people in line each day. It appears as though Samsung even has representatives trying to lure people away from the line that has been starting to form outside of the Apple Store. “There’s this guy who has come up to us trying to convince us to buy the Samsung Galaxy S II two days in a row now,” one person in Apple’s line said. “And he’s an idiot.” Samsung and Apple are currently fighting out a legal battle in the country, which has temporarily prevented local Samsung subsidiaries from selling or advertising the Galaxy Tab 10.1 tablet until a final court ruling. More →
Apple denied Samsung’s proposed deal in Australia that would allow the South Korea-based company to begin selling its Galaxy Tab 10.1 tablet there. Apple believes Samsung’s products are “copycat” versions of its iPad and iPhone, and that the touchscreen technology used in the Galaxy Tab 10.1 infringes on its patents. According to Reuters, Apple attorney Steven Burley said, “The main reason we are here is to prevent the launch of [the Samsung Galaxy Tab 10.1] and maintain the status quo.” Samsung agreed not to sell or advertise the tablet in Australia until the court reaches a decision, but time is running out. The Galaxy Tab 10.1 will be “commercially dead” if Samsung cannot get the tablet on the market by mid-October, in time for the holiday season, Samsung said. If that happens, the company’s lawyer Neil Young noted that Samsung will take its time preparing a case and will continue to fight into next year. Apple has successfully banned Samsung’s German subsidiary from selling the Galaxy Tab 10.1 and there are similar lawsuits around the globe in Japan, France and the United States. More →
Samsung recently offered Apple a secret deal in Australia that could potentially allow the South Korea-based phone maker to put its Galaxy Tab 10.1 tablet on store shelves as soon as next week, The Wall Street Journal said Friday. Samsung’s lawyer David Catterns discussed the deal briefly in the Federal Court in Sydney but did not divulge the details of Samsung’s offer. However, Apple lawyer Stephen Burley suggested the iPhone maker may be interested in taking Samsung up on the offer. Samsung’s “inconvenience would be diminished and we would be comforted” if the deal was accepted, Burley explained. Apple and Samsung are locked up in multiple patent-related lawsuits around the globe, as Apple has accused Samsung of creating “copycat” versions of its iPad and iPhone. An injunction has not been leveled in Australia just yet, but Samsung has agreed not to sell or advertise the Galaxy Tab 10.1 until a judge rules whether or not Samsung is in violation of Apple’s patents.
Steve Jobs made contact with Samsung in an effort to resolve a patent argument last year, Bloomberg reported on Thursday. However, Jobs did not participate in the discussions that eventually took place and deteriorated, Apple’s patent attorney Richard Lutton explained during a hearing in an Australian court. “Samsung is an important supplier with whom we have a deep relationship” Lutton said while being questioned by a Samsung lawyer. “We wanted to give them a chance to do the right thing.” Samsung and Apple are locked up in multiple patent battles around the globe. Samsung’s German arm has been banned from selling the Galaxy Tab 10.1 tablet, its Australian branch cannot sell the device until a judge rules whether or not it is infringing on Apple’s patents, and lawsuits are ongoing in the United States and Japan. Apple has accused Samsung of creating “copycat devices,” and has targeted Samsung’s Galaxy S family of smartphones, the Galaxy Tab, the Galaxy Tab 10.1 and various other products in the United States. More →
Samsung has again delayed the launch of its GALAXY Tab 10.1 Android tablet in Australia amid an ongoing patent dispute with Apple. This time, Samsung has stated in court that it will not market or sell its 10-inch Honeycomb tablet until September 30th at the earliest. While the repeated launch delays are no doubt victories for Apple, which claims the Tab 10.1 infringes on multiple Apple-owned patents, Samsung won’t stick to a defensive stance for much longer. Samsung in a statement confirmed that it “intends to file a cross claim against Apple Australia and Apple Inc regarding the invalidity of the patents previously asserted by Apple and also a cross claim against Apple regarding violation of patents held by Samsung by selling its iPhones and iPads.” The next hearing in Apple’s case against Samsung in Australia is scheduled for September 26th. More →
The Düsseldorf regional court in Germany announced on Tuesday that it is partially lifting its original injunction that banned Samsung from selling its Galaxy Tab 10.1 tablet in all of the European Union except for the Netherlands. Samsung is now allowed to sell the tablet in the whole of the European Union except for Germany. According to The Wall Street Journal, a court spokesperson said that it was unclear if it was even possible for the German court to stop Samsung from selling its tablet outside of Germany. Despite the ruling, which allows Samsung Electronics to sell the Galaxy Tab 10.1 in most of Europe, Samsung’s German arm still cannot sell the tablet in Germany or anywhere in the European Union. Samsung is presumably still scheduled to appeal the ban on August 25th. Apple also recently blocked Samsung from selling the Galaxy Tab 10.1 in Australia until a court there rules whether or not the tablet is infringing on 10 of Apple’s patents. On Monday, reports surfaced suggesting that Apple has doctored its evidence in is patent case about Samsung, although the legitimacy of those claims remains unclear.
Apple has managed to block sales of the Samsung Galaxy Tab 10.1 in Australia and in the European Union, but new evidence from Computerworld’s Dutch sister site Webwereld.nl suggests the iPad maker may be tampering with evidence. According to the report, Apple is using an image of the Galaxy Tab 10.1 that is purposely distorted to look more like the iPad. The Galaxy Tab 10.1 is presented with an aspect ratio of 1.36 (the proportions of the device itself, not the display) while the iPad is shown with a 1.30 aspect ratio. However, the Galaxy Tab 10.1 tablet itself actually has a 1.46 aspect ratio. “This is a blunder,” Klos Morel Vos & Schaap lawyer Arnout Groen told Webwereld.nl. “That such a ‘mistake’ is made in a case about design rights can scarcely be a coincidence. The aspect ratio of the alleged Galaxy Tab is clearly distorted to match the iPad more closely. Inasmuch as this faux pas will have consequences for the case is of course up to the judge. But at least a reprimand by the German court seems to be in order,” he added. Samsung is set to appeal the European Union ban on August 25th. Read on for a comparison image of the alleged doctored Galaxy Tab 10.1 next to the real one. More →
Samsung will appeal a recent ruling by The Regional Court of Düsseldorf in Germany that bars the South Korean tablet maker from selling its Galaxy Tab 10.1 device in the whole of the European Union except for the Netherlands, The Wall Street Journal said on Friday. The appeal court date is set for August 25th. Samsung could face fines of up to $350,000 per unit if it continues to sell the device in the European Union. On August 1st, Apple also blocked Samsung from selling its tablet in Australia until courts rule whether or not the device infringes on 10 of Apple’s patents. Apple has a similar case open in the United States in which it has accused Samsung of creating copycat devices of its iPhone and iPad. “Rather than innovate and develop its own technology and a unique Samsung style for its smart phone products and computer tablets, Samsung chose to copy Apple’s technology, user interface and innovative style in these infringing products,” the complaint said.