iPhone News Desk
Samsung Wants iPhone 4S Source Code
The move is part of an attempt to get the iPhone 4S outlawed in Australia
By: Maureen O'Gara
Nov. 2, 2011 10:00 AM
Samsung wants Apple's source code for the iPhone 4S firmware so it can see if it trespasses on three Samsung wireless 3G standard-essential patents.
The move is part of an attempt to get the iPhone 4S outlawed in Australia.
Samsung told the Australian court that banned its own Galaxy Tab 10.1 from the country pending trial that it also wants copies of the subsidy deals Apple signed with Australian carriers Vodafone, Telstra and Optus to see if Samsung is in any way frozen out.
Apple has denied any patent infringement and claims to be using the IP under the Fair, Reasonable and Non-Discriminatory doctrine via its chip purchases from Qualcomm, which has a license. Patent holders can't double-dip.
Samsung claims it doesn't apply to Australia and that Apple has refused to license the widgetry directly. Apple lawyers retorted that Samsung's participation in the European Telecommunications Standards Institute (ETSI) and its concomitant ETSI FRAND pledge suggest that French law may trump all.
Australia's ITnews thinks this case may be the first test of FRAND in Australia.
A decision could be made on November 4.
Meanwhile, the temporary injunction on the Samsung tablet is headed to a full-court review in late December.
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