updated 10:50 pm EDT, Mon June 11, 2012
Allegedly issued 'improper' Apple patents for iPad, iPod
On Friday, information surfaced that Samsung has added the Australian patent commissioner to a complaint alleging that the official didn't follow protocol when issuing Apple some patents. As a result, Samsung is attempting to invalidate the patents before the Australian court battle begins between the two giants. The hearing to invalidate the patents allegedly granted beyond the powers of the patent commissioner is scheduled for June 25. The overall patent battle will begin some time later this summer.
Australian legal analyst Mark Summerfield said that the claims were the first he had witnessed as an attempt to gain changes to the commissioner's patent decision by way of the court system. He added that in his view the patents "should not have been granted, so there is a legitimate case for review. On the other hand, the consequences for Apple are fairly harsh ... I think the court will consider itself to have considerable discretion in determining what the legislative intent was in a case like this."
If the patents are cancelled regardless of the reason, the largest of Apple's claims in the Australian case are eliminated. Apple had already obtained an injunction on sales of the Galaxy Tab 10.1 in Australia, but the appeals courts overturned the order. Apple has alleged that Samsung infringed 258 times covering 22 patents. Twelve of these patents have been brought up in 30 lawsuits worldwide, including the United States and Germany.