Apple believes Samsung has no need to access the information, but Samsung’s lawyer argued that there are fewer subsidies available for Samsung’s products if subsidies are given for the iPhone 4S. Samsung is seeking to obtain agreements between Apple and Australian telcos Optus, Vodafone and Telstra, as well as the source code for the iPhone 4S firmware as it seeks to block the sale of Apple's newest smartphone.
Samsung explained that these agreements would show the impact of the device on Samsung's market share and revenue.
Samsung Australia demanded access to the source code for iPhone 4S firmware in order to strengthen its case for a preliminary injunction, Smart Office reports.
Samsung also asked the judge to force Apple to hand over subsidization agreements it made with Australian carriers Vodafone, Telstra, and Optus.
"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," said Cynthia Cochrane, a lawyer for Samsung Australia, in court. The requests are part of Samsung Australia's discovery process in its attempts to ban the iPhone 4S. An Italian judge reportedly denied Samsung's request.
Apple argues that the wireless patents used in the iPhone 4S are covered by Qualcomm's licensing of wireless patents. Without knowing the details of Apple's confidential agreement with Qualcomm and Qualcomm's equally confidential agreement with Samsung, it's hard to know who's infringing on what, says patent expert Florian Mueller.
The iPhone 4S lawsuits are part of global patent battle between Samsung and Apple that kicked off in April, when Apple sued Samsung for copying the look and feel of its iPhone and iPad in its flagship Galaxy S line of devices. Apple has already succeeded in getting the Galaxy Tab 10.1 temporarily banned in Germany and Australia. In retaliation, Samsung are now seeking to ban the sale of iPhone 4S here, claiming Cupertino violated three of its wireless 3G patents.
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.
SamsungApple deny the infringement claiming Samsung agreed to license the three patents in question under Fair, Reasonable, and Non-Discriminatory terms (FRAND) standard. However, Samsung say the international agreement may not extend to Australia and Apple reject
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