Samsung demands Apple hand over iPhone 4S source code, carrier agreements

“Samsung are demanding the source code for iPhone 4S firmware as well as Apple’s agreements with all major Aussie telco’s as it looks to ban iPhone 4S here,” Oonagh Reidy reports for Smart Office.

“The demand came today as Samsung faced yet another legal showdown with foe Apple, who claim the South Koreans infringed iPhone and iPad patents, and have already succeeded in gaining a temporary ban on sale of Galaxy Tab 10.1 here,” Reidy reports. “In retaliation, Samsung are now seeking to ban the sale of iPhone 4S here, claiming Cupertino violated three of its wireless 3G patents.”

MacDailyNews Take: Samsung’s continued insistence on litigating against Apple armed only with a trio of FRAND patents reeks of the desperation of a guilty party.

Reidy reports, “In Federal court today Samsung counsel Cynthia Cochrane said her client would need the source code for the iPhone 4S and agreements Apple had with major carriers Vodafone, Telstra and Optus in order to make a legal case for a ban before the court.”

MacDailyNews Take: Someone call a doctor, Samdung’s Aussie ambulance chaser has obviously fallen and bumped her head.

Reidy reports, “Justice Annabel Bennett, who is presiding over the case, is also the Judge in the Apple V Samsung tablet dispute, handing down a interim injunction banning Tab 10.1 last month, pending a full hearing.”

Read more in the full article here.

[Thanks to MacDailyNews Readers “Fred Mertz” and “Dan K.” for the heads up.]

38 Comments

  1. If you go to the article you get this snippet:

    “”If subsidies are given for the iPhone 4S, there are less to go around for my client’s products.”

    Apple deny the infringement claiming Samsung agreed to license the three patents in question under Fair, Reasonable, and Non-Discriminatory terms (FRAND) standard. However, Samsung say the international agreement may not extend to Australia and Apple rejected its previous invitation to license the patents in question. ”

    One, cellphone subsidies aren’t a zero-sum game, where one company getting more, means another company gets less. Where did this lawyer go to school?

    Two, can you believe FRAND doesn’t apply everywhere? So, your wireless IP is included in the industry “standard”, but that FRAND licensing fees only apply in some markets and not others?!? WTF? The whole industry will be filing “friends of the court” briefs to shoot down Samsung’s argument, because it puts the whole industry in jeopardy if others can do this as well.

    What a bunch of ‘tards.

  2. I think it is about time that Apple finds a different vendor to make parts for its products. It is clear that Apple and Samsung are not partners. It is time to move on.

    1. Repeated rumors suggest that Apple started looking for and moving to other suppliers months ago. Further rumors indicate that, despite all the Samsung foot stamping and little kid tricks, they’re happily bending over to sign new contracts with Apple. Samsung may be egotistical, imitative dimwits, waving around fat mouth lawyers. But they aren’t willing to commit harakiri over their crimes against Apple. Such is honor among thieves.

  3. Is, “her client would need the source code … in order to make a legal case” just like I am sure that a crime occurred in there and I will find it if you let me look around. In the USA, we call that illegal search and seizure.

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