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Telstra who is currently expanding their 4G network, may face a problem if Apple launches a 4G LTE iPhone 5.According to a report from the Korea Times, Samsung execs plan to sue Apple “immediately” if it releases a 4G phone in Australia or anywhere else in the world. The ban if successful would result in Telstra not being able to sell the new iPhone as a 4G device.

The problem for Apple, who at the weekend announced they were moving to get the new Samsung Galaxy SIII banned, is that Samsung owns 12 percent of the world’s LTE patents; Nokia has 18.9 percent, Qualcomm, 12.5 percent and Ericsson 11.6 percent.

Recently Apple was ordered to pay a $2.25 million fine for misleading consumers over the 4G mobile network capabilities of the iPad tablet after they implied it could connect with Telstra’s 4G mobile networks in Australia, when it could not. Judge Mordecai Bromberg said that this assertion in the branding was liable to mislead the public and breached consumer laws in Australia.

Observers claim that Samsung is waiting for Apple to release an iPhone 5 with LTE 4G capabilities before making its move.

The Korean Times claim that Apple has been in talks with Korean carriers about putting the next-gen iPhone on 4G LTE networks and that as soon as the new iPhone is launched, they will hit Apple with an injunction on the iPhone 5.

Recently Apple sought to get eight Samsung smartphones, including the Galaxy S2, banned from sale in the U.S. There’s also a pre-trial order to ban the Samsung Galaxy Note 10.1.

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