Samsung are continuing their fight to ban iPhone 4S in Australia by asking a court to grant access to the source code for Apple’s iPhone 4S firmware as well as information on its carrier agreements with the major telecos and other operators.
SmartOffice reports that Samsung has upped its legal fight in Australia after receiving a temporary ban of its Galaxy Tab 10.1 device in the country.
In Federal court today Samsung counsel Cynthia Cochrane said her client would need the source code for the iPhone 4S in order to make a legal case for a ban. In addition Apple’s carrier agreements with Vodafone, Telstra and Optus to see the subsidies that the operators pay their rival for selling the new iPhone 4S on plans.
The Judge who is presiding over the case is Justice Annabel Bennett, same Judge that handed the company an injunction banning its new tablet last month.
“It goes to show that since the iPhone 3G was made available in Australia in July 2008, the impact on the market for every iPhone product has been significant, and has lead to a substantial increase … in market share by revenue,” Cochrane argued in court today. “If subsidies are given for the iPhone 4S, there are less to go around for my client’s products.”
Apple believes it has licensed the wireless patents, claiming Samsung agreed to license them under the Fair, Reasonable, and Non-Discriminatory terms (FRAND) standard. Samsung say the patent international agreement may not extend to Australia and Apple rejected its previous invitation to license the patents in question.
Apple has requested information from Qualcommto who developed the iPhone 4S chip and will have to wait for advice to determine whether they had licensed the patents via its own agreements for the iPhone 4S processor.
The case is scheduled to continue on November 4.