According to a report from Smart Office, Samsung is requesting Apple provide them with the “source code for iPhone 4S firmware” as it attempts to ban the device in Australia. Not only that, they also want Apple to hand over the details of subsidy agreements with all Australian carriers.
Samsung counsel Cynthia Cochrane told the federal court that on top of the source code, they would also need details on the agreements in place with Vodafone, Telstra, and Optus. Specifically, Samsung wants to know the subsidies these carriers are currently paying Apple (a subsidy that is typically higher by $200 than the industry average). Cochrane explains:
“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. If subsidies are given for the iPhone 4S, there are less to go around for my client’s products.”
Despite these subsidies, carriers such as Sprint think the iPhone is “worth every penny”. When it comes to handing over source code, Apple reportedly denies the infringement claims and says Samsung agreed to license the three wireless 3G-related patents in question under FRAND agreements. Samsung thinks that agreement doesn’t cover Apple in Australia and claims Apple denied previous attempts to extend the license internationally. While the report claims Apple “said they will have to wait for advice before” handing it over, they also claimed a third-party license owned by Qualcomm (who helped develop the MDM6610 chip inside the 4S that allegedly infringes on wireless patents) automatically covers the company.
While we will have to wait to find out what comes of this, it’s worth noting Justice Annabel Bennet, the same judge who handed out the injunction against Samsung’s Tab 10.1, will be handling the case. The proceedings will continue November 4 and a full hearing will follow.
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Cross-posted on 9to5mac.com