updated 08:21 am EDT, Mon July 23, 2012
Samsung case against Apple in Australia set to collapse
Australian Federal Court Justice Annabelle Bennett has labeled the case brought before the court by Samsung against Apple over 3G patents as "ridiculous," reports Bloomberg. Samsung is countersuing Apple in Australia in response to Apple's assertions that Samsung has copied its hardware and software designs and implementations. According to Bennett, if the case was between any other two companies it would be immediately ordered to mediation.
Apple has repeatedly argued that Samsung's use of standards essential patents, which are subject to FRAND licensing terms, is a misuse of those patents. In court, Samsun'g lawyer argued that Apple had refused to pay a license fee for its technology. In response, Apple's lawyer argued that Apple had offered to pay Samsung a fee, but that Samsung had refused to come to an agreement.
“Why on earth are these proceedings going ahead?” Bennett asked the lawyers in court today. “It’s just ridiculous.” “Why shouldn’t I order the parties to mediation?” she asked, before directing both parties to put forward their arguments by the end of the week.
Both companies are engaged in ongoing battles around the world with varying degrees of success. Apple recently lost its case against Samsung in the UK, with the presiding Judge ruling that Samsung's Galaxy Tab wasn't as 'cool' as Apple's iPad and that this would be obvious to consumers. However, in the US, Apple has succeeded in winning an injunction against the sale Samsung's now superseded tablet. Samsung is also subject to EU investigations for possible FRAND abuse of its 3G-related patents.