Australian Judge says Apple must hand over carrier agreements to Samsung

Wed, Nov 9, 2011

Legal, News

Apple’s legal spat with Samsung continues to take on interesting twists down in Australia. As it stands now, Australia is one of the countries where Apple has seen tangible success in its efforts to prevent the sale of Android devices. A few weeks ago, a Judge there granted Apple’s request for an injunction that now precludes Samsung from selling its Galaxy Tab 10.1 in the country.

Samsung meanwhile is fighting back in the land down under.

Last week, Samsung filed a motion requesting that Apple hand over source code from the iPhone 4S along with its carrier agreements with Australian carriers, including Vodafone, SingTel Optus, and Telstra.

Earlier this week, a Judge granted Samsung’s request and Apple will now have to hand over copies of their local carrier agreements.

Now why is Samsung interested in these agreements?

Well, they claim that Apple demands that carriers pay them high subsidies. As a result, Samsung argues, carriers necessarily have less maneuverability to offer subsidies for Samsung products. And since Apple’s iPhone infringes upon Samsung’s patented technology, so the argument goes, Apple’s iPhone has a direct impact on the profitability of Samsung’s Android-based smartphones.

As for the source code, Samsuing is intent on on Apple handing it over so that it can examine if and how the iPhone 4S’s firmware infringes upon Samsung’s wireless patents. Now Apple has reportedly handed over 220 pages worth of iPhone 4S documentation but Samsung maintains that the disclosure isn’t sufficient to the extent that key files were missing.

A ruling on Samsung’s request for additional source code information will be handed down on November 11.

via Bloomberg

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