Judge Wants Apple Numbers As Samsung Consider Taking Out iPhone 5

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Tech retailers could be in for a bleak Christmas with speculation mounting that Samsung and Google may seek an application to have the new iPhone 5 banned in the same way that Apple has sought a ban on the new Samsung Galaxy Tab 10.1 and the new Galaxy 7.7. There is also speculation that Apple is merely looking to slow down Samsung as they fight to catch up in the iPhone market.

Both Samsung and Google have told SmartHouse that they believe Apple is breaching patents in several of their mobile products including the iPad and iPhone. Samsung executives attending the recent Federal Court case in Australia, where Apple has been granted an injunction banning the sale of the Samsung tablets until the 26th of September, have not ruled out the prospect of the Korean Company seeking a ban of the new iPhone 5 when it is eventually launched if they and Google believe that patents have been breached by Apple.

During a recent Federal Court hearing Apple were told by Justice Amanda Bennett that they had to present in person the people responsible for the patents that are being contested by Apple. 

Bennett said that she wants “oral” presentations and people who can be cross examined as opposed to “handed up” documentation. This could result in some of Apple’s inventors having to give video presentations or attend in person at the Federal Court in Sydney.

She has also suggested that Apple produce accurate global sales numbers for their iPad. The judge is not forcing Apple to put its sales numbers on the table, as Samsung has requested, but she has suggest that Apple’s claim will be made weaker without the information.

Bennett’s exact words, according to Bloomberg, were that “[u]nless Apple puts on evidence showing the impact in the US or UK I can’t draw any positive assumptions.”

Observers claim that there’s little that is ambiguous about the statement, and that it puts Apple in a bit of an awkward position. Samsung is looking for the full disclosure of sales info, and Apple has been trying to prevent the South Korean company from dragging that info out. 

 

Bennett is to hold a hearing on the 16th of September and a full day hearing on the 26th  to decide on the preliminary injunction, which if granted will apply until the patent suit between the two companies is resolved. Samsung has so far agreed to delay the launch of the Galaxy Tab 10.1 in Australia pending a formal decision from the court on the injunction requested by Apple. Its good faith cooperation, along with the judge’s position with regards to the release of sales data might help the Korean company achieve a favourable result.

The problem for retailers is if the iPhone 5 is banned along with the Samsung Galaxy Tab 10.1 and 7.7, and if Apple gets a ban on the Samsung Galaxy S2,  analysts are tipping that it could be a bleak Xmas for some retailers,

Apple’s efforts to get Samsung products removed from store shelves could blow up on Apple as the likes of Google, Motorola and Samsung look to get their products banned.

The current model iPhone 4 is over a year old and starting to look a tad tired when compared with the Samsung Galaxy S 2. Apple has not explained why the new iPhone 5 has been delayed so long.

The new iPhone 5 was widely expected to be introduced at the WWDC developer conference in June or at a separate press event in the same timeframe, but Apple crushed those hopes when it bought a white iPhone 4 model to market at the end of April, a sign that it was looking to buy itself more time.

 In June, Apple introduced iOS 5, the operating system which will power the iPhone 5 as well as other iPhone and iPad devices, but made no mention of the iPhone 5 itself. Carriers in the USA have admitted it originally thought the iPhone 5 would arrive in June 2011.

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