Samsung is seeking to obtain agreements between Apple and Australian telcos Optus, Vodafone and Telstra, as well as the source code for the iPhone 4S firmware as it seeks to block the sale of Apple's newest smartphone.
In today's directions hearing for the ongoing patent dispute between Apple and Samsung over alleged infringements in the Galaxy Tab 10.1 and Apple's new iPhone 4S, Samsung counsel Cynthia Cochrane told Justice Annabel Bennett that in order to make its case for an interlocutory injunction on the sale of the 4S, it needs Apple to produce the agreements that it had made with the three major mobile telcos in Australia for all iPhone models. Samsung explained that these agreements would show the impact of the device on Samsung's market share and revenue.
"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 told the court.
In particular, Samsung is keen to find out the amounts of subsidies paid by Telstra, Optus and Vodafone to Apple for selling the iPhones on plans. "If subsidies [are] given for the iPhone 4S, there are less to go around for my client's products."