Tuesday, November 1, 2011

Samsung Vs Apple

At a hearing before the Federal Court of Australia, Apple and Samsung have each submitted new arguments and further complicated their skirmish. Like the Netherlands, the United States, Italy or France, Samsung is trying to obtain a suspension of sales of the iPhone4S for patent infringement on UMTS. In none of these countries, however, the Korean group has yet come his way. ITNEWS reports that Apple's lawyer appealed to the French court to these patents. The intention is that they have been developed under the auspices of the European Institute of Telecommunications Standards, which Samsung is a member. Implying again that they are licensed under FRAND (on a basic fair, reasonable and non discriminatory). But Apple is also said to want to defend the position that it does not infringe any patents. Finally the lawyer was surprised that Samsung calls for suspension of sales of the iPhone rather than an extra charge since, based on different is the lack of payment of royalties for the use of these patents. Counsel for Samsung intends to contest the FRAND application of the system in case of Australia. It also states that Samsung has opened the door to negotiations that have been denied by Apple.

ITNEWS also said that all kinds of parts were requested on both others. Apple has obtained a copy of a licensing agreement between Samsung and Qualcomm (which equips the iPhone) but with too many hidden passages (to preserve the confidentiality of certain information) to be exploitable. A new version must be submitted this week. Apple also wants to gain access to an arrangement signed in 2007 between Ericsson and Samsung following an argument where he also reported an application of the FRAND. For his part Samsung wants to get the source code of the firmware of the iPhone4S to illustrate concrete accusations of violation of technologies. Before this battle on several fronts, Justice Annabelle Bennett urged both parties to limit the scope of their respective investigations, the objective being to reach a decision before the end of the year. Other days of hearings are planned soon.

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