Samsung wants to ban iPhone sales in Australia, hearing set for March

By Lee Kaelin on November 15, 2011, 2:00 PM

Samsung Electronics has won an early trial on its claim that the iPhone and iPad 2 devices being sold in Australia infringe on its patents relating to 3G wireless communications. The South-Korean technology giant is furiously fighting multiple lawsuits with Apple over patent infringements in several different countries.

"The case will be fixed for a hearing for three weeks, commencing in March, 2012, with the date to be fixed on Friday," commented Justice Annabelle Bennett at the Australian Federal Court in Sydney.

Bennett said that sales of iPhone 4S' would be allowed to continue in the meantime. "I stand over the application for an interlocutory injunction, that will stand over to the same date, as that of the date of the hearing," she added.

Lawyers for Apple had stated they preferred an August date, giving them adequate time to prepare for the hearings. Justice Bennett believes that would be too far away, however: "They are trying to expand the Android market. The longer it's left the harder it will be for Samsung." She also pointed out that she felt there would be a strong overlap between this new case and the previous regarding Samsung's, commenting that it seemed an unnecessary duplication of resources.

Samsung's lawyer, Neil Young, told the Judge that until April Samsung had adhered to an informal policy not to pursue patent claims to maintain the relationship between the two companies.  This was terminated in April, with Young pointing out that Apple never sought to obtain a license from Samsung although "other major players" have. He didn't identify which firms he was referring to.

This latest lawsuit filed in September was in response to Apple's request for a court order barring sales of the Galaxy Tablet 10.1 in Australia, which was granted on October 13. The world's biggest smartphone maker has also appealed that ruling with the hearings set to begin in the Federal Court on November 25.

At the end of October, Samsung overtook Apple as the world's top smartphone manufacturer, with 27.8 million handsets shipped in the last quarter alone.

User Comments: 9

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MilwaukeeMike said:

This made me laugh. This sounds like Samsung giving apple the middle finger after the tablet fiasco. And the irony is that Samsung makes the processor inside every iPhone. So more phones sold = more $$ for Samsung. Well... unless people are buying Samsung phones.

that's a sweet deal, when your competition is selling your product.

aj_the_kidd said:

Too much apple love out there for this ban to happen

gwailo247, TechSpot Chancellor, said:

As if they don't have enough problems when it comes to prices. Now a black market on iPhones...

Guest said:

It's a patent that Samsung bought from a danish professor, so could be trouble for apple. The same person also did predict the trouble with the antenna in Iphone 4. Apple also bought their own processor company in hope not to send money to Samsung.

Guest said:

ahhh that would be SUPER COOL :-P

jeffz6 said:

Im from Australia, and we are but a bleep in the market share

Guest said:

@#$% apple... they weren't even the first ones to use the name "iphone"...

Guest said:

At least Apple have support for their users and updates for their hardware after they release it, unlike Samsung who don't give a damn.

Guest said:

Not true, I had an AWESOME support from Samsung so far !

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