UPDATED 14:43 EDT / NOVEMBER 01 2011

Samsung Continues its Counterattack on Apple, Demands iPhone 4S Source Code

There seems to be no end to the tussle between Samsung and Apple.  The legal battle between these two has been particularly rough in Australia, and for those who have not been following the developments, here is the latest news on the battle there.

After Apple won a battle to ban Samsung’s Galaxy Tab 10.1 in the Australian market, it was Samsung’s turn to counterattack Apple.  The trial in Australia is related to the patent infringement case brought by Samsung shortly after Apple launched the iPhone 4S.  This would constitute three patents related to the network connection with 3G wireless technology and the transmission of mobile data.  But now the South Korean manufacturer formally requests the source code of the iPhone 4S.

Samsung presents to the court the desire to access the source code of the iPhone 4S, besides being able to review all agreements that Apple has closed with Australian companies in order to dispel any doubts regarding their claims.  Apple has rejected the claims, and says all their patents are covered by a third-party licensing agreement made by Qualcomm on the MDM6610 chipset.

Samsung counsel Cynthia Cochrane asked for the iPhone source code and said to the court to stop the subsidy agreement details of Apple with network carriers.  “If subsidies are given for the iPhone 4S, there is less to go around for my client’s products,” said Cochrane.

Apple denies the allegations, since one of Samsung’s patents is a part of FRAND (Fair, Reasonable, and Non-Discriminatory), which is already licensed.  The next meeting is scheduled for the 4th November.

The two companies are battling in nine countries over 20 cases related to patents.  Apple wants the courts to ban Samsung from selling any of its Galaxy tablets, as it claims the devices still contain the infringing patents.

In a comparison to Apple’s smartphones reach, Samsung covers approximately 27 percent of the market, with Apple taking just the 18 percent of the market share.


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