The Samsung V Apple showdown date has been set for March 2012, which will decide whether Apple infinged Samsung mobile 3G patents on iPhone and iPad.
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The date has been set for the Apple V Samsung hearing for a final injunction, which will now take place March 2012 next – good news for the South Koreans who had called for an early trial.
Apple had expressed opposition to this and were calling for a later August timeframe in order to give it time to get case evidence together.
Samsung have welcomed the date, handed down by Judge Annabelle Bennett in Sydney’s Federal Court today.
The tech enemies are at loggerheads over mobile 3G patents with Samsung looking to retaliate against Apple’s earlier legal action, which resulted in Galaxy Tab 10.1 ban in Australia, and applied to ban sales of the new iPhone 4S here.
However, this ban application was dropped by the Galaxy maker in court today with an early hearing now its preferred option, reports Bloomberg.
Samsung also claim iPad 2, iPhone 4 and iPhone 3GS infinges on its mobile wireless 3G patents. Apple denies the claim arguing the patents are industry standards.
“In the interests of an expedited and final resolution, Samsung has agreed to the Federal Court’s request to convert our application for a preliminary injunction to stop the sale of Apple products in Australia to an application for a final injunction, ” the South Koreans said in a statement today.
Samsung also said it was pleased with the court date and said it will resolve the matter once and for all.
“Samsung is pleased with this outcome as we believe expediting the main proceedings will be the most effective way for Samsung to protect our intellectual property rights and bring about a final resolution to this case.”
The Federal Court also heard how business associates Samsung and Apple enjoyed a cosy relationship and “informal policy” of not pursuing patent claims against one another up until Apple set the ball rolling with claims Galaxy S and S II smartphones and Galaxy Tab 10.1, amongst others, “slavishly” copied iPhone and iPad devices.
Federal court Judge Bennett granted Apple an interim interlocutory injunction against the sale of the rival Samsung Galaxy Tab 10.1 here, on October 13 last, pending a full hearing set for November 25, and could mean banned Tab 10.1 could be sold here, if the final ruling is in Samsung’s favour.
The tabs and smartphone war is being waged between the two giants in 20 courts all over the world.