Samsung Seeks To Block Aussie iPhone 4S Sales

Samsung may have lost the battle over the preliminary injunction blocking sale of the Galaxy Tab 10.1 last week, but it's gone back on the offensive, launching injunction motions in Tokyo and Sydney against the iPhone 4S.

Samsung just released the following statement. I'm not a lawyer by any stretch of the imagination, but I'd say that while it's licking its wounds from recent battles, the war is far from over. I've asked Apple for comment and will update if they get back to me.

Statement from Samsung Electronics Australia

Samsung Electronics today filed preliminary injunction motions in the Tokyo District Court, Japan and in the New South Wales Registry, Australia requesting the courts to stop the sale of Apple’s iPhone4S in the respective countries.

In a separate filing today, Samsung has appealed the Australian court's decision on October 13 to grant a preliminary injunction over the GALAXY Tab 10.1.

In Japan, Samsung is also seeking an injunction to immediately bar the sale of iPhone4 and iPad2.

The injunction request in Japan cites infringements on one High Speed Packet Access (HSPA) standard-related patent and three user interface patents, which seriously violate Samsung's intellectual property.

Samsung's preliminary injunction request in Australia cites three patent infringements related to wireless telecommunications standards, specifically Wideband Code Division Multiple Access (WCDMA) and HSPA.

In light of these violations, Samsung believes the sale of such Apple devices should be injuncted.

Apple has continued to violate our patent rights and free ride on our technology. We will steadfastly protect our intellectual property.

Patent Claims in Japan:

1. One HSPA patent which relates to a method for deciding amount of power consumption during data transmission

2. Three user interface patents that are essential for displaying information on the screen, specifically UIs for the “in flight mode” indicator (airplane icon); for customizing a Smartphone’s home screen; and for browsing applications categorized in a tree structure (in an apps store).

Patent Claims in Australia:

1. Method and apparatus for transmitting/receiving packet data using pre-defined length indicator in a mobile communication system (WCDMA)

2. Method and apparatus for data transmission in a mobile telecommunication system supporting enhanced uplink service (HSPA)

3. Method and apparatus for transmitting and receiving data with high reliability in a mobile communication system supporting packet data transmission (HSPA).

-END-


Comments

    game on.... This would make the Apple Store in Sydney a funny place to visit.

    I hope this goes through, only because it might be the kick up the ass this countries patent/court system needs for change to happen. Sure blocking the sales of the Galaxy Tab 10.1 pissed off a few people, but that will pale in comparison to what would happen if the mighty iPhone got blocked. The government would be sure to respond at least with a statement to that.

      ditto. its about time we kill off the patent trolls

      Yeah I think it is going to take one of the American patent bullies (apple, microsoft etc)getting a taste of their own medicine before the general populace realise what a mess the whole system is. Competition breeds innovation, just look at all the idea's IOS5 takes from android (this is a good thing). Neither camp has any motivation to improve in absence of fierce competition.

      "The government would be sure to respond"

      Hear hear!

    "for browsing applications categorized in a tree structure (in an apps store)."

    Samsung are dreaming...

      That one is for Japan. Looks like they don't have a patent for that here in Aus-land.

      Some of the Apple patents they're suing over are just as ridiculously general.

      Ridiculous? Yes. Dreaming? Far from it.

    What I don't understand about these "patent" suits is that the thing they are complaining about differs based on country rather than based on device. Is it because those patents are registered in those countries? or are the devices themselves different in each country?

      It's because they hold the patent for X in country Y, but not country Z.

      International patent law (which I'm definitely not an expert on) could probably be best described as a flustercluck.

    *Apple laughs behind its walls of money*

    Sound like the worst that can happen is royalties, those patent infringements (if they are) can't block the sale... The pad device was blocked because it looked to similar... idiots.

      Not in Australia. The patents in question for Australia are around UI, not external design.

        No, three of the claims in Japan relate to UI, while the Australian claims are all 3G related.

          Apples claims against Samsung in relation to the Galaxy Tab 10.1 were to do with UI. Samsung's claims against the Apple iPhone 4S are to do with network/radio stuff.

    Customers lose, lawyers win.

    I'm kind of in two minds about this story. First off I have an iPhone 4S waiting for delivery through Telstra, so naturally I hope the possible injunction doesn't delay or prevent that.

    However, a patent is a patent. Someone's hard work and creative thinking to develop new technology we enjoy. I think they deserve to be compensated appropriately, I know I would want to be if I owned the patent.

    Haven't seen when the decision will be made, but have no doubt news will spread quickly.

    Thanks for posting the full release Alex, most don't. Cheers.

      Pretty much. There's little point to complaining about it in the meantime or siding with a particular company, especially when they're bizarre low level ones like these.

        Am I misunderstanding you, or are you saying that Apple and Samsung are bizarre, low level companies?

          The patents are low level (IE. Complex).

            Glad it was me misunderstanding then :)

    yeah, i think its time for samsung to piss off and die now.
    the main difference between the galaxy tab and the iphone...
    no-one wants your crappy galaxy bullshit!!!

      no-one except the 30 million that have bought a galaxy s or s2.

        bring it on baby go samsung apple have been playing with crappy ui and design patents and now they get hit with the big guns a real patent about some real technology not just that its black and rectangular i hope apple gets a good kick up the ass

      Ummm.. If nobody wanted it I hardly think Apple would be worried about an injunction preventing its sale

      Ummm, if they were to do that, who would make all you beloved Apple hardware?

    The first australian patent on wcdma isn't really important because we don't even have a carrier providing a service on that type of network anymore.

      Right.... because Optus doesn't use UMTS (W-CDMA)

      W-CDMA is a 3G tech,
      WCDMA + HSDPA used only by, Telstra (Next G) Optus, (Yes G (patent infringement there)), Vodafone and 3/Hutchison, Don't confuse the Switched off CDMA network, we all use CDMA (variants) still they just call it a different name, 3G and 4G etc are just branding....

    Piss off Samsung.

    good luck to Samsung. Its time that apple got bitten (sic).

    a patent is a patent. If Apple are in violation then they're also in the wrong and sales should be blocked, as in the Galaxy Tab case.

    Take them out Samsung. Time for apple to get a piece of their own medicine.

      This is what people say every time someone brings suit against apple, and Apple usually win, so they never do seem to "taste" that medicine.

      Better lawyers I suppose. They can certainly afford it.

    Go Samsung, I doubt this will go anywhere because all the governing bodies probably use an iPhone and that will mean they may not be able to buy one :P
    But Apple need ot be taught a lesson here, you can't just use patent laws to bully opposition into submission.
    I for one hope they get this and it shakes up at the very least Apple but also the patent law systems.

    I own Samsung phone technology.
    Never again.

      Samsung has been sued beyond what is reasonable by Apple. They attacked Samsung as they were releasing products that were taking sales away from the iPhone. So what is wrong with Samsung showing Apple what it feels like when BS patents get shoved in their face and products (that should be released to the public like the galaxy tab 10.1) shouldn't be blocked by the courts.

    The occupy wall st riots will have nothing on the riots if sales of the IPhone are blocked

      What riots? Someone has been watching Faux News again I think ;P

        Thousands of whiney middle-class white people complaining about a lack of 'something' they feel entitled to? Sounds exactly like what would happen if the iPhone was blocked from sale to me.

        Johnny P has made a fair and accurate comparison.

    Meanwhile, Apple is already selling 4S's.

    Oh well, over to the courts until something minor happens and gets misquoted again...

    I don't get it... Samsung phones are crap compared to the iPhone! Talk about useless tip for tap crap!

      I'd imagine there are a lot of things you don't "get". ;)

    Lol! Samsung. That's a GREAT idea, because everyone that wants to buy an iPhone will end up buying a Galaxy coz they are sooooo amazing! hahahahahahha

    i hate samsung.. budget pieces of crap.

    That's all.

      Because everyone that wants to buy a Galtab will now buy an ipad. Your logic is as flawed as that of Apple and Samsungs lawyers. people will just wait it out until the case is settled.

    Samsung and the galaxy S series is just a rip off anyway! Make the screen larger and make it a little thinner & put crappy UI on the thing and people flock.. Always been a rip off third party type product, Would rather go Sony or HTC over Samsung if not the iPhone..

    What's good for the goose is good for the gander.

    Highlights just how ridiculous the patent system is though. I wish Samsung as much luck as Apple. Take that as you will :)

      +1 - apple set the precedent to obtain injunctions while a patent case is heard. Now they get to live with it.

      It might be wrong but I'm finding this argument very, very amusing.

    omg i'm such an apple fanboy samsung wouldn't need to sue if they weren't scared of apple

    ^ That's an identical reaction to that of a fandroid whenever the suing is reversed.

    tl;dr fuck off

    Haha, Samsung can't win in our legal system. They'll just buy out the judge with a hunngy and that will be that.

    I'm betting that Apple will not be getting back to you.

Join the discussion!

Trending Stories Right Now