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.