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Samsung are demanding the source code for iPhone 4S firmware as well as Apple’s agreements with all major Aussie telco’s as it looks to ban iPhone 4S here.The demand came today as Samsung faced yet another legal showdown with foe Apple, who claim the South Koreans infringed iPhone and iPad patents, and have already succeeded in gaining a temporary ban on sale of Galaxy Tab 10.1 here.

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In retaliation, Samsung are now seeking to ban the sale of iPhone 4S here, claiming Cupertino violated three of its wireless 3G patents.

In Federal court today Samsung counsel Cynthia Cochrane said her client would need the source code for the iPhone 4S and agreements Apple had with major carriers Vodafone, Telstra and Optus in order to make a legal case for a ban before the court.

Samsung are also looking to ascertain the subsidies the telcos pay to their rival Apple for selling the iPhones on plans, according to ZD Net.

Justice Annabel Bennett, who is presiding over the case, is also the Judge in the Apple V Samsung tablet dispute, handing down a interim injunction banning Tab 10.1 last month, pending a full hearing.

“It goes to show that since the iPhone 3G was made available in Australia in July 2008, the impact on the market for every iPhone product has been significant, and has lead to a substantial increase … in market share by revenue,” Cochrane said in court today.

“If subsidies are given for the iPhone 4S, there are less to go around for my client’s products.”

Apple deny the infringement claiming Samsung agreed to license the three patents in question under Fair, Reasonable, and Non-Discriminatory terms (FRAND) standard.  However, Samsung say the international agreement may not extend to Australia and Apple rejected its previous invitation to license the patents in question.

 

However, the iPhone 4S, unlike Galaxy Tab banned, is already on sale here for several weeks, which Apple counsel referred to, saying “the horse had already bolted.”

In relation to firmware source code demand by Samsung, Apple said they will have to wait for advice before allowing access to the information, although claim third party license held by Qualcomm who developed the the iPhone 4S chip in question, MDM6610, according to ZD Net, automatically covers Apple also.

The case will continue on Friday November 4.

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