Samsung Suing for iPhone 4S Source Code, Subsidy Agreements in Australia
Samsung and Apple are like in-laws who work together. They can’t stand the ground the other walks on, but they can’t succeed without the other. Until one ends up killing the other in a "freak" hunting accident.
Well, Samsung just lobbed another shot at Apple requesting the source code for the iPhone 4S in addition to information about Apple’s subsidy deals with Australian carriers. This comes after Apple won an injunction on the Galaxy Tab 10.1 in Australia earlier this year.
Samsung is arguing that Apple’s 4S infringes on three patents they hold concerned with 3G wireless technology. Apple already licenses these patents from Samsung, as do a ton of other manufacturers, as the patents are considered “standard essential patents.” This means the patents are a necessity industry wide and not an innovation specific to a single phone manufacturer or company. Samsung is required to offer Fair, Reasonable, and Non-Discriminatory (FRAND) licensing terms. Apple’s defense claims they are covered by a third-party agreement Qualcomm made with Samsung for the MDM6610 chipset found in the 4S. Samsung is arguing this licensing deal may not extend into Australian church.
Ultimately this lawsuit, if Samsung is successful, pales in comparison to the injunction Apple won against the Galaxy Tab 10.1. It’s unclear what Samsung will be able to do if they get the subsidy numbers for Vodafone, Optus, and Telstra in Australia. So far their argument is “If subsidies are given for the iPhone 4S, there are less to go around for my client’s products,” according to Samsung’s lawyer Cynthia Cochrane. Apparently there are a limited number of subsidies carriers can give out in Australia? I’m sure that isn’t the case.
The worst case scenario for Apple in this case is Samsung wins and Apple has to reach a ne separate FRAND licensing agreement with Samsung. Samsung wants an injunction against the iPhone 4S somewhere, but it doesn’t look like it will be happening Australia.
Source: Tech Crunch