Its complicated: two judges have been appointed to the Apple V Samsung case in Oz, in what’s believed to be a highly unusual step.
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The contentious patent battle between the tech titans, which began in 2011 here in Oz, has resumed at Sydney’s Federal Court this week.
Apple claims tech rival Samsung infringed several of its patented technologies for use on its Galaxy smartphones and Tabs while Samsung countersued, alleging Apple used its patents without permission on its iOS devices including iPhone.
The tech giants are also fighting patent battles in the US and several European countries.
Justice Annabelle Bennet who heard the case first time round is now being joined by Justice David Yates at the Sydney Federal court this week.
It is not known the precise reasons for the unusual legal move in what one lawyer is calling “the most complicated [case] that’s ever been heard before the Federal Court.”
Samsung was not available for comment at the time of writing. Apple,too are staying quiet on the matter indicating it is a matter for the courts but did point out the hearing is scheduled to continue until 13 June.
IP Lawyer Chris Baxter, told SmartHouse the Apple V Samsung case was “highly complex” due to the technical nature and the move to appoint two judges “makes sense.”
However, “it is an unusual step and the decisions of the two judges will naturally need to align or else the outcome will be very difficult to decipher,” he warned.
“It is a highly complex case (technically) and Justice Bennet’s decision to work with another Judge makes a lot of sense, if simply to better understand the meaning and nature of the technical concepts involved.”
The Federal court filing shows there’s been over 20 documents submitted to the court by the parties alone since the case resumed on Monday.
Justice Bennet is even said to have alluded to the highly complex nature of the case and how difficult it was to understand these things in a short time frame at an Intellectual Property Society ANZ Christmas party speech.
And having sat through the case on several occasions in 2011, I can’t help but agree.
The unprecedented step was also recognised by Apple attorney Stephen Burley who said it is the first time in the history of the Australian Federal Court that two judges sat before such a case together, at court this week.
The case resumes tomorrow at 10:15.listed as P NSD315/2013 SAMSUNG ELECTRONICS CO LTD & ANOR v APPLE INC. & ANOR at Court Room 18C.
