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Samsung wins early Australia trial on Apple infringement claim

Nov. 15 (Bloomberg) -- Samsung Electronics Co., embroiled in patent disputes with Apple Inc. around the globe, won an early trial on its claim that the iPhone and iPad 2 in Australia infringe its patents on 3G wireless transmissions.

Australia Federal Court Justice Annabelle Bennett today ordered that a trial on Samsung's claims be held in March. Cupertino, California-based Apple had opposed an early trial, with its lawyer Stephen Burley saying the company needed more time to prepare the case and favored a hearing in August.

Samsung, the world's biggest maker of smartphones last quarter, dropped its bid for a temporary injunction barring Apple from selling the iPhones and iPad 2 and instead is seeking an early hearing. The Australian trial will be a prelude for Samsung in its U.S. case before the International Trade Commission on similar claims, which Burley said will be heard in May and June.

Burley had sought to delay the Australian trial to August, after the ITC hearing. The ITC has the power to block imports of products found to infringe U.S. patents.

The world's two biggest makers of smartphones and tablet computers have widened their litigation to Europe, Japan and Australia since Apple sued Samsung in the U.S. in April, claiming the Suwon, South Korea-based company "lavishly" copied the designs of iPhones and iPads.

Samsung and Apple had a "very close relationship" until April, Samsung's lawyer Neil Young told the judge today, with Samsung adhering to an "informal policy"not to pursue patent claims to maintain the relationship.

That was terminated in April, Young said. Apple never sought to obtain a license from Samsung, although "other major players" have, he said, without identifying the companies.

Samsung sued Apple in Australia in September, claiming the iPhone 3GS, iPhone 4 and iPad 2 infringed its patents for wireless transmission. The lawsuit was in response to Apple's request for a court order barring the sale of the Galaxy Tablet 10.1 in Australia, claiming the device infringed its patents. Bennett granted Apple's request for an injunction on Oct. 13.

Samsung has appealed the ruling, with a hearing before the full court of the federal court scheduled for Nov. 25.

Samsung also sought an order from Bennett declaring that Apple's patents, at issue in the Galaxy tablet dispute, be revoked. Samsung claims the Apple patents on touch screen technology, sliding to unlock, scroll bounce and scrolling photos aren't new.

The case is: Apple Inc. v. Samsung Electronics Co. NSD1243/2011. Federal Court of Australia (Sydney).

 

<한글기사>

호주 법원, 삼성전자 특허소송 조기 재판

호주 법원은 삼성전자가 아이폰과 아이패드 2에서 자사의 3G 기술특허를 침해했다며 애플을 상대로 제기한 소송과 관련, 내년 3 월 재판을 열기로 결정했다.

호주 연방법원 애너벨 베네트 판사는 15일 속개된 기술특허 침해소송 심리에서 삼성전자의 주장을 받아들여 본심리를 내년 3월 진행하기로 했다고 언론들이 전했다 .

애플은 삼성전자의 조기 본심리 요구에 대해 "심리를 준비하는데 많은 시간이 걸리기 때문에 내년 8월이후에나 심리를 해야 한다"고 주장해 왔다.

삼성전자 호주판매법인(법인장 윤승로)은 "법원의 이번 기술특허 침해소송 조기 본심리 결정은 삼성전자에 유리한 측면이 있다"고 말했다.

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