After demanding access to the unreleased iPad 3 and iPhone 5, Samsung, in an Australian federal court, has now asked Apple to let them see the source code for the iPhone 4S firmware, iOS 5. The South Korean company also wants to see Apple’s agreements with all Australian carriers carrying the iPhone.
Smart Office reports:
In Federal court today Samsung counsel Cynthia Cochrane said her client would need the source code for the iPhone 4S and agreements Apple had with major carriers Vodafone, Telstra and Optus in order to make a legal case for a ban before the court.
As John Gruber points out, it seems that Samsung hasn’t found anything yet to make a strong case against Apple. Samsung is using its patents in wireless technology to counter attack Apple in various countries, alleging that almost all Apple devices with 3G radios infringe the company’s intellectual property.
Apple’s lawyers, in response to Samsung’s demands, said that they would have to speak to Apple officials before (not) allowing access to the source code.
The reason Samsung wants copies of Apple’s agreement with Australian carriers, in the words of Samsung’s lawyer, is:
“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. If subsidies are given for the iPhone 4S, there are less to go around for my client’s products.”
Carriers, due to high demand for the iPhone, have to agree to Apple’s terms and conditions and perhaps pay a premium. This is Samsung crying foul, alleging unfair treatment by Australian carriers.
Would Apple comply with Samsung’s demands? Seems unlikely, but we’ll know for sure on November 4th, the day the next hearing is scheduled for.
On the U.S. front, a number of iPhone inventors including Jonny Ive would be defending Apple’s claims of Samsung “slavishly” copying Apple products. The testimony would be out-of-court, and in lawyer speak is called a deposition. Samsung would later use the information from this testimony to defend itself against Apple’s lawsuit, hearings of which would begin from July 2012.
What is amusing about these lawsuits is that, even though so many bans have been handed out (to Samsung), hardly any of these decisions are final. Full blown hearings on these cases are still going on, or haven’t even started.