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Samsung’s v. Apple: The Patent Dispute Continues

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According to a report from SmartOffice, Samsung is requesting Apple handover their source code for the iPhone 4S’s firmware, as well as the details of their subsidy agreements with all mobile carriers in Australian, as they attempts to ban the sale of the iPhone 4S in Australia.

 

Speaking at federal court, Samsung counsel Cynthia Cochrane said they would need details of the agreements in place with Vodafone, Telstra, and Optus. Specifically, Samsung wants to know what subsidies are currently being paid to Apple. Cochrane explains:

“[S]ince 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. If subsidies are given for the iPhone 4S, there are less to go around for my client’s products.”

Regarding the source code, Apple is reportedly denying the infringement claiming that Samsung agreed to license the three 3G patents in question under Fair, Reasonable, and Non-Discriminatory (FRAND) terms. Samsung counters, claiming the agreement doesn’t cover Apple internationally.

To find out more we’ll have to wait until November 4th when the proceedings continue.

Interestingly, Justice Annabelle Bennett will be handling the case. She’s the same judge who handed out the injunction against Samsung’s 10.1 Galaxy Tab.

[SmartOffice]

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  • Anonymous

    “[S]ince 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. If subsidies are given for the iPhone 4S, there are less to go around for my client’s products.”

    Ok there are smart people in this forum … Am I missing something here? How is this Apples problem? Aren’t the telecoms in AUS allowed to choose what phone to back? If they didn’t like the request on subsidies that Apple requested could they just not carry the phone? To me it seems they agree to them in order to carry a product they know the customers want … Please correct me if I’m wrong.

  • Kosmo

    Unless there is something very specific on the Australian market and in the Australian regulations, it looks like Samsung are really desperate: subsidy, source code to determine whether a patents for technologies that nobody declines are used and the claim that they weren’t licensed “internationally”!

  • Anonymous

    Interesting followup from The Verge: http://www.theverge.com/2011/11/2/2532244/samsungs-request-for-iphone-4s-details-in-australia-isnt-so-crazy

  • Anonymous

    On that site the only thing about subsidies was this: “it can make a strong argument that it needs the telco’s iPhone-related revenue and share data in order to calculate any potential damages Apple may have to pay.”

    That might make sense but it’s not what Samsung said … They said its because there will be less subsidies to go around … To me it doesn’t make sense.

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