Between the Lines

Larry Dignan, Andrew Nusca and Rachel King

Samsung's patent infringement case against Apple's iPhone 4S to go ahead in Australia

By | November 15, 2011, 3:07am PST

Summary: An Australian court will hear Samsung’s case to ban sales of Apple’s iPhone 4S in the country in March, as part of an ongoing global patent dispute.

An Australian court will hear a case brought by Samsung in March, as the smartphone giant seeks to ban the sales of Apple’s iPhone 4S in the country.

This comes only a day after Samsung backtracked on a similar case in Korea, thought to be in fear of attracting negative publicity on its home turf. Cases in Italy, France and Japan continue, with Australia set to be the first hearing of the global case.

Samsung has sought to block the sale of Apple’s latest smartphone by filing preliminary sales injunction requests in the country. But Justice Annabelle Bennett told the Australian Federal Court in Sydney today that the sale of the Apple smartphone would continue in the meantime.

The case will center on the alleged infringement of three patents, and more than 25 claims, the Guardian reports.

While Apple’s lawyers wanted an August hearing, claiming that more time was needed to prepare their case, March instead was set, ruling in favour of Samsung.

Apple and Samsung have been locked in a global legal battle spreading across 10 countries involving smartphone- and tablet-related patents. Confusingly, Apple is Samsung’s biggest customer, mostly purchasing microchips and displays for their own devices.

But Samsung has a greater worry to contend with than the outcome to the March ruling.

Not only is the Korean smartphone giant facing European antitrust regulators to examine how the company is pursuing its patent infringement claims, the company is also facing the International Trade Commission in the U.S. for allegedly infringing Apple’s patent on a global scale.

Apple has scored preliminary sales injunctions against some of Samsung’s Galaxy devices in Australia, Germany and the Netherlands, and further seeks to block sales of some Samsung products in the United States.

While Samsung has applied for sales injunctions of Apple’s products, including the alleged patent infringing iPad and iPhone devices in retaliation, Samsung has not been successful.

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Zack Whittaker, a criminologist who studied at the University of Kent, Canterbury, is a journalist, writer and broadcaster.

Disclosure

Zack Whittaker

I worked briefly with Microsoft UK in 2006 but no longer have any connection with the company. Regardless, I remain impartial and unbiased in my views.

I don't hold any stock or shares, investments or industrial secrets in any company, but have signed confidentiality agreements with a number of UK and U.S. organisations, whose names I am not at liberty to disclose.

I was involved with Kent Union, the University of Kent's student union, undertaking voluntary, non-salaried, elected positions between early 2009 and mid-2010.

No other company, body, government department, non-governmental organisation or third sector organisation employs me or pays me a salary in any capacity whatsoever.

As a freelance journalist, whenever expenses are given and taken by a company that is not CBS Interactive, these will be disclosed in each relevant post to ensure transparency.

I currently work with a UK law enforcement unit, but this is an entirely separate position which bears no connection to other work.

(Updated: 23rd October 2011)

Biography

Zack Whittaker

Zack Whittaker, criminologist who studied at the University of Kent, UK, is a journalist, writer and broadcaster.

After studying criminology at university, though still in his early-20's, he has already had a series unconventional work and voluntary positions. He has worked with researchers studying neurological illnesses like Tourette's syndrome (which he suffers from), has given lectures on the nature of disabilities in the public community, and occasionally ends up speaking on television and radio discussing the events of the day.

He first had academic work published at the age of 22, then still an undergraduate, and has been cited by a wide range of publications: from CNN, the Huffington Post, AllThingsDigital, The Atlantic Wire and CBS News.

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The patent examiners should be all fired. Far too much of what is patented is not new development at all.

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