Samsung ups stakes by seeking ban on Apple iPhone 4S in Australia and Japan
8:51 AM | 
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ProJ |
tit for tat battle between electronics giants is another attempt to ban latest iPhone in two countries - Australia, but warns an independent analyst to fail
Samsung increased its tit for tat legal battle with Apple, its new rival and the largest customer, said Monday that he submitted to the ban on the sale of the iPhone 4S new company U.S., Australia and Japan.
The decision came after Samsung filed a preliminary injunction against the last iPhone in France and Italy, less than a day after the device was released, covering the product infringes its patents on some of Mobile Communications (Australia) and interface (in Japan) technology.
Florian Müller, an independent analyst of patent litigation in the field of electronics, forecast Monday morning that Samsung's attempt to obtain a court order in Australia, but said the situation is "so clear" in Japan. "I think the attack on the iPhone 4S Samsung Australia is doomed to failure because it refers to three patents declared essential to 3G telecommunications standard. Friday, a Dutch judge has already indicated that Samsung can not not apply to injunctive relief on the basis of these patents, and I'd be very surprised if an Australian judge has a different perspective on FRAND (fair, reasonable and nondiscriminatory) licensing commitments, "he wrote.
patents in Australia are related to the basic functionality of the Samsung mobile should be allowed under reasonable and non-discriminatory, says Müller. Those in Japan are related to the user interface that Samsung would have no need to grant a license, but must prove in court that are valid "since Apple will take care to challenge their validity," said Müller.
Samsung has had a series of setbacks in their efforts. Your request to ban sales of certain products against Apple was dismissed by a Dutch court Friday. Samsung announced Monday that it had appealed the court's decision granting Australia as a precaution in the Galaxy Tab 10.1.
"We respect Apple as our biggest customers, but we will not stand idly by, letting go against our interests," Samsung Electronics CEO Choi Gee-sung, was quoted by a spokesman last week. 
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