Jul 23, 2012

Australia Judge Calls Apple-Samsung Dispute Over 3G ‘Ridiculous’

Samsung Electronics Co. and Apple Inc. (AAPL) (AAPL)’s patent dispute over wireless transmission technology is “ridiculous” and might be best settled in mediation, the judge overseeing the case in Australia said.

Samsung sued Apple claiming the maker of iPhones is infringing three patents covering data transmission over the 3G wireless spectrum. The suit was in response to Apple’s claim that Samsung stole its design ideas for computer tablets and phones. A trial scheduled to run for three months began today before Federal Court Justice Annabelle Bennett.

Apple refused to pay a license fee for the technology that allows phones to conduct multiple tasks including taking calls while uploading photos to the Internet, Samsung’s lawyer Neil Young said at the start of the trial. Apple was willing to pay and Samsung refused, the Cupertino, California-based company’s lawyer Stephen Burley said.

“Why on earth are these proceedings going ahead?” Bennett asked the lawyers in court today. “It’s just ridiculous.” A similar dispute between any other two companies would be immediately ordered to mediation, she said.

“Why shouldn’t I order the parties to mediation?” she asked. She said she would expect an answer before the end of the week.

The Australian trial is part of a global dispute between the two companies and a prelude to proceedings in the U.S. and U.K.

$312 Billion
Samsung, the biggest maker of smartphones, and Apple, the largest seller of tablet computers, are fighting for an increased share of a handset market that Bloomberg Industries said was worth $312 billion last year. Apple has won a ban on the sale of Samsung’s Galaxy 10.1 tablet in the U.S. and failed to win a ban in the U.K., pending patent infringement trials in those countries.

“Both companies are fighting every single battle, no matter how small, with great intensity,” John Swinson, a partner specializing in intellectual property at King & Wood Mallesons in Brisbane, said in a phone interview.

Whatever the outcome of the trial, the losing side will probably appeal, Swinson said.“You could say, they’re working out the issues for the appeal court.” Fiona Martin, a spokeswoman for Apple in Sydney, declined to comment on the trial.

This article comes from:http://www.businessweek.com/news/2012-07-22/samsung-and-apple-global-patent-fight-moves-to-australia-trial

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