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The Australian Federal Court has been told that no agreement between Apple and Samsung has been reached despite extensive ‘exchanges’ over the weekend.Counsel for Samsung told Justice Amanda Bennet that there was little chance of agreement and that both parties are “a considerable distance apart.”

Justice Bennett suggested to both parties that they start thinking about damages. She even suggested that if the Samsung Galaxy 10.1 goes on sale the potential of a patent payment to Apple should be considered.

“I’m not saying that you have to do it,” she said.

“It is one we don’t accept and there is no surprise. The main reason we are here is to prevent the launch (of the Galaxy 10.1) and maintain the status quo,” Apple lawyer Steven Burley told the court.

Samsung has been forced to delay the launch of its new Galaxy in Australia until after the court makes a ruling.

“It is not going to be achievable your honor, given the positions advanced by each party,” a Samsung lawyer told the court when asked about the prospects of a settlement.

Last week, Samsung agreed to withdraw two features from the Galaxy 10.1 which allegedly infringed Apple’s patents. T

Apple claims the Samsung 10.1 tablet copies many of the iPad’s patented features.

By removing and changing features Samsung was trying to end its wrangle with Apple so that the device can go on sale later this month.

Apple first took Samsung to court in August, claiming the Korean company’s Galaxy 10.1 was a ‘slavish’ knock off of Apple’s iPad.

Samsung cooperated, volunteering to postpone the release date of its tablet and offering Apple 3 Australian variants of the Galaxy 10.1, so Apple can see how the Australian variant differs from the one on sale in the US.

 

Just several hours before proceedings kicked off, Apple slapped Samsung with an additional patent infringement claim. The presiding judge, still the honourable Amanda Bennett, believed Apple’s conduct was not ‘trustworthy.’

Justice Bennett said written patents would not suffice in the case, and ordered Apple and Samsung to provide oral accounts of the technology.

With prospects of an imminent deal falling through, the court case will run its course with the fate of Samsung’s Galaxy 10.1 expected sometime this week.

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