Samsung to fight back against Apple in Australia; Seeking iPhone 5 ban in Korea

Summary:Apple and Samsung's legal scuffles continue in Australia and South Korea, as the two giants continue to punch each other in a long-running, worldwide patent dispute.

Samsung, in a bid to clamber onto its suffering smartphone sales amid a series of worldwide patent lawsuits, is counter-suing Apple in Australia.

It comes only a month after Samsung delayed the launch of the Galaxy Tab 10.1 in the country. The claim was filed with the Federal Court of Australia in New South Wales, stating that Apple infringed seven Australian patents relating to wireless networking in Apple's third- and fourth-generation iPhones and iPad 2 devices.

Apple previously said that the Galaxy Tab 10.1 infringes patents that it holds, with Samsung vehemently disagreeing. The two smartphone and tablet giants, however, struck a deal last month to not only restrict sales of the latest Galaxy Tab tablet in Australia, but would also hand over samples of the device to Apple for a review and approve process.

But now it seems that Samsung's move would contravene its earlier agreement. Not only is Australia in the thick of it regarding this ongoing, worldwide patent disagreement, but South Korean consumers could miss out on the iPhone 5 if Samsung has its way.

Even though the elusive iPhone 5 has yet to be officially announced, though expected in the coming weeks in the run up to the December holiday season, Samsung is preparing to sue Apple in a bid to ban sales of the next-generation iPhone in South Korea.

According to sources speaking to the Korean Times, a major national newspaper in the country, Samsung owns patents which will "almost certainly" be broken.

The ban, if it goes ahead, would be a major blow to Apple in the highly-developed, technologically minded and one of the most Internet connected countries in the world. Though the population is just shy of 50 million, the financial impact would be huge.

Having said that, Apple has suits in place against Samsung in the country after it claimed that Samsung copied the designs of its products and marketed them as its own.

After Apple's court win in Germany, where the Galaxy Tab 7.7 was banned at Berlin's IFA technology show, and the Galaxy Tab 10.1 was banned across Europe but later downgraded to 'just' Germany, it could set a precedent worldwide to other countries negotiating between the two parties.

Though legality does not cross borders, as some readers were keen to point out, patent law across the world is vastly similar. On the other hand, though cross-border laws have little legal impact, one country could take the points from one decision as an influencer in another.

Related:

Topics: Apple, Samsung

About

Zack Whittaker writes for ZDNet, CNET, and CBS News. He is based in New York City.

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