Samsung Seek Ban On iPhone Sales

December 21st, 2011

Apple Vs Samsung

Samsung have taken action against Apple, calling for a court case to effectively ban sales of the iPhone 4S in Australia.

This is the latest of seemingly tit for tat battle between the two smartphone and tablet makers, who are battling it out in Multiple countries. Last month in Australia, Apple won a preliminary injunction against Samsung's Galaxy Tab 10.1.

In this latest jab, Samsung is claiming that the iPhone 4S, the iPhone 4 & the iPad 2 infringe on three patents registered in Australia. These patents protect data transmission methods, and include:

  • Method and apparatus for transmitting/receiving packet data using pre-defined length indicator in a mobile communication system (WCDMA)
  • Method and apparatus for data transmission in a mobile telecommunication system supporting enhanced uplink service (HSPA)
  • Method and apparatus for transmitting and receiving data with high reliability in a mobile communication system supporting packet data transmission (HSPA).

However, some believe that Samsung's battle is doomed to fail. Patent Expert Florian Muller said that the korean based gadget manufacturer is fighting a loosing battle:

"I believe Samsung's attack on the iPhone 4S in Australia is doomed to fail because it relates to three patents declared essential to the 3G telecommunications standard. On Friday, a Dutch judge already made it clear that Samsung can't seek an injunction based on such patents, and I'd be extremely surprised if an Australian judge took a different perspective on FRAND (fair, reasonable and non-discriminatory) licensing commitments. "The odds are very long against Samsung overcoming all of Apple's defences," Müller concluded in his blog post.

Samsung are currently pushing for the court case to be heard as soon as possible, whilst Apple are attempting to the delay the case.