Samsung Wants iPhone 4S Source in Australia

The legal battle between Apple and Samsung doesn’t seem to end soon. Both companies are up against each other in Australian court. Samsung has asked Australian court to grant access to the source code for Apple’s iPhone 4S firmware along with information on its carrier agreements. The Korean company is trying hard to ban the Apple’s new iPhone.

According to SamrtOffice, Samsung has taken this initiative in a response to another temporary ban on its Galaxy Tab10.1 in South Korea. The Korean electronic giant is now accusing Apple in Australian court of infringing on three wireless 3G patents. It has already filed a case against Apple in Europe.

Cynthia Cochrane, the counsel of Samsung told Australian court that the company is required to have a source code for Apple’s new device together with details on its carrier agreements with three major operators including; Vodafone, Telstra and Optus so that it can make a legal case for a ban on Apple’s latest smartphone.

The most interesting thing about this case is the presiding judge who is the same that passed an order of injunction for Samsung’s new tablet device.

Cynthia Cochrane today argued in the court:

“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,” Cochrane said in court today.

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

Apple, on the other hand, says that it has licensed the wireless patents hinting that Samsung accepted to license Apple under the FRAND standard which means that the companies need to offer the patents at a fair and reasonable fee. It is assuming that Samsung may likely to say that patent agreement is not valid for Australia.

Apple has already launched its iPhone 4S in Australia and it’s been on sale for over a couple of weeks. However, when a ban was imposed on Samsung new tablet device, Galaxy 10.1 Tab, it was not yet launched in the country. Apple’s counsel made this point a base for its argument in a court and said “the horse had already bolted.” The product is already in sales and Samsung is already late to make a claim.

Apple has also requested the chipmaker Qualcomm to provide information so as to verify if the manufacturer had licensed the patents through its own agreements for the iPhone 4S chip.

The court is adjourned till next hearing on November 4.

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