Samsung is back on the offensive and seeking an injunction against Apple’s iPhone 4S in Australia and Japan.
Samsung filed similar suits against Apple in Italy and Germany last week. The suits are likely in response to Apple winning an injunction against Samsung’s Galaxy Tab 10.1 in Australia and a soon to be decided case in the U.S. over the same tablet. In that case Samsung’s lawyers were unable to identify which of two tablets displayed was the Galaxy Tab when asked in court.
According to the WSJ Samsung is citing user interface patents and technology infringements in the Japanese case. In the Australian case Samsung is reportedly citing patents “related to telecommunication standards.” Foss Patents analyzed the court documents and doesn’t believe the Australian case has much merit on Samsung’s part, but the Japanese case is still up in the air.
The situation is less clear in Japan, where Samsung is using one standards-related patent but also "three user interface patents" according to the statement quoted by the SMH. Those user interface patents are presumably not subject to FRAND licensing commitments, in which case Samsung would be allowed to seek injunctions based on them and it would all depend on whether those patents will be upheld (since Apple will be sure to contest their validity) and actually infringed. — Foss Patents
Sources: Foss Patents, WSJ