Samsung: Apple ‘Free Riding’ On Our Patents, Stalls Trial

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Apple has sought to stall Oz iPhone battle in a bid to buy more time to fight off Samsung claims of patent infringements.

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Samsung and Apple latest scrap over iPhone could be stalled til September or even next year.

Samsung has accused bitter rival Apple of stealing its 3G wireless patents for use on its iPhone, and already sought to ban the newly released 4S here last year, although this was later denied.

The iPhone patents case was Samsung’s sweet revenge against Cupertino, who started off the messy (and pricey) legal battle, by seeking to ban the sale of Galaxy Tab 10.1 in Australia, claiming the Android tab (and SII smartphone) infringed upon its touch and scroll patents (including licensed patent known as ‘381).

The case, pencilled in to be heard before the Australian courts starting off in March for a six week period, in a bid to solve the patent dispute Apple and Samsung have been scrapping over since last year, and will now not be heard until at least September, if Cupertino has its way.

But this change of date application from Apple as it looks to buy more time, means “this case will not finish this year,” Federal Judge Annabelle Bennett warned.

Apple counsel, Cameron Moore, claims his client would not have enough time to build case evidence against the claims in the current timeframe, citing delays, reports ITNews.

Moore, made the appeal in court last week, although Samsung lawyers appear to be playing hard ball, claiming Apple are seeking to “free-ride on our patents” as the case is prolonged, saying the move was a “cynical exercise” to stall proceedings while the outcome of a similar battle is being played out in the US, to be decided later this year.

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Samsung legal rep, Neil Young, proposed for the trial to go ahead as planned, in part, as per the original date, which Justice Annabelle Bennett (who also the Federal Judge involved in last year’s Galaxy Tab case) appeared not to object to.

“I’m not against the idea of having two tranches,” Justice Bennett said.”It does seem to some degree to be a natural separation.”

However, neither party was able to agree to a suitable rescheduled date for the patent showdown and are due in court again this week to set a date.

 

Samsung has sought to ban the iPhone 4S in Britain, France and Italy on similar 3G technology infringements claims and just last week succeeded in getting certain models of iPhone and iPad 2 3G banned from Apple Stores in Germany., although was denied its bid to ban sale of the cult iPhone elsewhere.

Apple could be getting the fears an Australian Judge might sway towards Samsung in the same way the German courts did, since it already lost it bid to ban rival Galaxy Tab.

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