Updated October. 18, 2011 00:11
Samsung Electronics is seeking a sales ban on the Apple iPhone 4S in Japan and Australia, further escalating its legal clash with the American company.
Samsung said it filed preliminary injunctions with the Tokyo District Court and the New South Wales Registry in Australia on Monday to stop the sale of the iPhone 4S in the two countries. Samsung also asked the Tokyo court to stop the sale of Apple`s iPhone 4 and iPad 2 devices.
In its latest offensive against Apple in Japan, Samsung claimed that Apple infringed on one patent related to the high speed packet access standard and three user interface patents. In Australia, the Korean company accused the iPhone maker of infringing on three patent infringements related to wireless telecommunications standards, specifically WCDMA and HSPA.
Samsung had previously claimed that Apple infringed on 3G standard-related patents but a Dutch court ruled in favor of Apple last Friday that 3G patents owned by Samsung are open to license under the definition of fair, reasonable and non-discriminatory, or FRAND, patent use.
Under FRAND conditions, any company without patents can make products with a standard patent and then pay licensing fees later.
This is why Samsung claimed Apple infringed on user interface patents in Japan. User interface refers to a system through which people interact with a computer. The user interface patents Samsung said were violated in Japan include the small airplane icon that appears when an iPhone is in "flight mode," a patent for customizing a phone`s home screen and a layout for browsing applications on sale via a phone.
The Netherlands ruled that Samsung infringed on Apple`s patented photo-flicking technology, which is also a user interface patent.
Samsungs latest attack came after the memorial service for the late former Apple CEO Steve Jobs at Stanford University on Sunday, which Samsung President Lee Jae-yong attended. Defying speculation of a reconciliation between Samsung and Apple since Jobs` successor Tim Cook is expected to meet Lee, Samsung`s legal action has only proven its strict response to Apple`s attack.
Before departing for the U.S., Lee said, Samsung and Apple are both companions and rivals. I might meet Tim Cook at the memorial service but that has nothing to do with work.
The two companies are known to be holding secret negotiations. Lee Chang-hoon, a lawyer on U.S. issues at Wooin Patent and Law Firm in Seoul, said, An agreement is made only when both sides have the same bargaining power. The two companies are taking legal actions against each other to raise their bargaining power."