Samsung on Monday promised to challenge Apple’s copyright infringement claims in Australia. Specifically, news agencies report, the Korean consumer electronics maker said today it “will continue to actively defend its right to launch the Samsung Galaxy Tab 10.1 in Australia”. Reuters reports that the company confirmed plans to delay the Galaxy Tab 10.1 launch in Australia until after a court ruling in late September on its ongoing legal spat with Apple. Furthermore, Samsung will file a counterclaim with the Australian court in the coming days, seeking to invalidate Apple’s patents plus another one asserting a patent infringement on Apple’s part:
Today, Samsung informed the Federal Court of Australia it intends to file a cross claim against Apple Australia and Apple Inc regarding the invalidity of the patents previously asserted by Apple and also a cross claim against Apple regarding violation of patents held by Samsung by selling its iPhones and iPads
According to The Sydney Morning Herald, a hearing before the Australian court is due September 26 and 29 and Samsung agreed “not to sell or advertise” the tablet before September 30. The article also mentions the possibility of a high-profile testimony by both parties:
Apple and Samsung returned to court this afternoon, with Samsung agreeing not to sell or advertise the Galaxy Tab 10.1 before September 30. Apple will detail the specific patents involved in the case by this Friday and will provide a more comprehensive statement of facts by September 5. Samsung will provide points in answer by September 16, with the case going to a formal hearing on September 26 and 29. It was indicated today that top executives and inventors from both Apple and Samsung may appear in person or over video link to explain their patents.
It’s an interesting strategy on Samsung’s part…
Initially, they agreed not to ship the Galaxy Tab 10.1 tablet in Australia, even though no court injunction had been issued. Samsung later said it had no intention to ship a sample of the Australian version Apple provided as court evidence. Instead, the company said it would unveil a new version specifically for the Australian market “in the near future”. However, Apple’s lawyers told the court that samples of a modified Galaxy Tab 10.1 version Samsung intended to launch in Australia still infringe on its patents. Prior to today’s hearing, Samsung had provided Apple with samples of the Australian version of the Galaxy Tab 10.1, which it planned to launch in a couple of weeks. FOSS Patents explains the new Galaxy Tab 10.1 version infringed on at least two patents, one of which is the Australian equivalent of the “touch event model” patent that Apple asserted in the Netherlands. The blog’s intellectual property expert Florian Mueller explained that “at this point Samsung can claim that it entered into this agreement “voluntarily”, although it’s clear to an increasing number of people that Samsung is under serious pressure”. So far, Samsung is barred from selling its tablet in Australia and Germany. In addition, a Dutch court granted injunction banning Galaxy smartphone sales in the European Union, to be put into effect by October 13. So far, Samsung and Apple are embroiled in 19 lawsuits in 12 courts in 9 countries on 4 continents.
Cross-posted on 9to5Mac.com
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