UPDATE: Our legal eagles have caught up with this development and we can bring you the following exclusive news. The matter was listed for hearing before Justice Robertson this afternoon at 14.30 in Sydney. It appears that this filing was very much last minute, as it seems from the court record that the interlocutory application had not been served on Apple at the time of this afternoon’s hearing. Robertson J’s order adjourned the application until 09.30 tomorrow morning, with a file-and-serve order, so there may be further developments tomorrow.
At this stage, the application by Samsung is being supported by affidavit material from six witnesses, including members of Samsung’s legal team and perhaps even some technical experts. Some of the affidavit material has been placed under a publication prohibition, so we won’t know exactly what’s being claimed just yet.
I expect that tomorrow we’ll have a better picture of whether an interim injunction preventing sale of the iPhone 4S is likely.
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Oh wow, shiz just got Siri-ous ladies and gentlemen. Samsung has filed for a preliminary injunction blocking future sales of the Apple iPhone 4S here in Australia based upon 3 wireless standard patents that Samsung feels Apple has infringed upon. We normally wouldn’t cover such an event, but we feel this is going to be the settling point for any future lawsuits between the two technology giants to stop any more injunctions being filed against Samsung’s products — a la Galaxy Tab 10.1 style.
The 3 patents Samsung references in their filing relate only to wireless standards — Gizmodo Australia has the official statement from Samsung listing them:
Patent Claims in Australia:
1. Method and apparatus for transmitting/receiving packet data using pre-defined length indicator in a mobile communication system (WCDMA)
2. Method and apparatus for data transmission in a mobile telecommunication system supporting enhanced uplink service (HSPA)
3. Method and apparatus for transmitting and receiving data with high reliability in a mobile communication system supporting packet data transmission (HSPA).
bump
Any update?
or is there a news blackout?
I think there’s a hearing today or early next week.
This just shows how scared and desperate apple is. Fling some dung and it is sure to stick. It’s the last trick they have up their sleeve. In fact, apple ripped the touchscreen UI off a small taiwanese co called Elan. They ripped the ipod off Creative, and much of the phone technology off everybody else. The fact that Samsung did not sue them in the beginning does not mean apple acted legitimately. This litigeous business is aimed at slowing down the avalance of Android that is wiping out apples dreams of world conquest. But it won’t work. The “fractured” platform that is… Read more »
Considering that a similar injunction in The Netherlands did not get through (where one could argue that Samsung had their biggest win so far there), I don’t have high hopes for it doing too well here.
That said, if they don’t ask, they don’t get… they might win an injunction and I’ll be happy.
It wont fly…patents in question are standardised through most every phone. Royalties, sure… but not to block sales. Every one uses these standards. Apple were able to block the tab because they were specifically on the tab and based on the UI/UX
I’m sure Samsung’s legal team are well aware of what they can get from filing this injunction. It’s a ‘scare tactic’, they’re doing whatever they can to leverage themselves.
Totally, it’s about delaying a sales opportunity under the guise of testing patents – it precisely what apple are doing with the 10.1
Samsung are such babies. They clearly copied the iPhone and iPad 2. Even Samsungs LAWYERS the other day got confused in court which was a iPad and a Galaxy Tablet … So that speaks for itself. I bet you anything if i showed a iPad 2 and a Galaxy Tablet to my mum, dad, friends and family who are not crazy tech heads they wont be able to tell the different.So Apple win’s an injunction a injunction they deserve and Samsung has a winge and is now suing Apple … Its pathetic. I really do hope Samsung loses because they Apple didn’t… Read more »
well some people see xooms, eee pads, and others and think there ipads
Can you tell the difference between a 4:3 display (like an old tube TV) and a 16:10 Widescreen display (like a new computer monitor)? Because that is precisely the aspect ratios of the two tablets. You seriously need to see an optometrist if you can’t tell the diffeence. Hint: One is longer, the other is wider.
I only have trouble telling the difference between them when apple doctor the pictures so their ratios are the same!
True statement though geoff.when next to each other only a true tech nuffie (fanboi) would not be able to tell the difference
It’s completely arguable that Apple have stolen Samsung’s TV design for use in their tablet because it is a flat surface with a black bezel. Just because it’s on a smaller scale, doesn’t mean its not applicable. The only reason Apple is successfully arguing the iPad is being copied is largely because they were “first”. People mistaking your device as an iDevice has nothing to do with its look – non-techies confuse devices like the Nexus One as an iPhone all the time, just because it’s the only device they know that has a touchscreen. The concept and brand go hand in… Read more »
Little late now isnt it? There’s a 4S on the desk next to mine……
Not really, stopping any future sales is *huge*
And it’ll make a hell of a larger impact since the 4s has already come out. How many people would even know that a Samsung tablet exists?
Very ballsy Sammy. If they lost & had to pay compensation that would be huge!
I’ve actually heard from a source inside the Samsung legal team that they plan on playing this if/when they are successful:
I heard they’re preinstalling it on the 10.1 if they win.
I hope Sammy win this one, just to piss apple off – that is all 😛
Just remember Samsung took this around the globe, apple only sued them in the us, Samsung tried to be smart by suing apple in different countries and it has ended up biting them on the arse.
What? Apple only sued in the u.s.? Have you been reading the news at all?
why don’t you try reading the news again.