Samsung’s lawsuits never seem to end as the company has now sued an Australian patent commissioner (extending to the federal government) in an attempt to force the review of patents, which the company feels hold the key to overthrowing Apple, which is currently at the summit of the smartphone industry. Both companies have locked horns in several patent lawsuits around the world.
In fact, in Australia alone the South Korean manufacturer has been battling for over a year to block its American rival from marketing its products. In a recent move, Samsung has filed a claim in a federal court seeking the review of four of its patents which were inappropriately granted to Apple in 2010. The statement issued by Samsung claimed that the patents were granted beyond the powers of a patent commissioner. Samsung hopes that the review will nullify the patents and allow the company to sell the Galaxy Tablet 10.1 on Australian shores.
The hearing of this case will take place on the 25th of June before Justice Annabelle Bennet, who has presided over most of the patent lawsuits between Apple and Samsung in the island continent. Bennet also ordered the initial ban on the Galaxy Tab, which was later overturned by a panel of judges. On its behalf, Samsung will argue that the patents should not be granted as they were only duplicates of innovation patents, which had already been granted by the commissioner in Australia’s patent system.
The patents are new additions to this high profile case, as they weren’t part of the initial hearings. Apple has accused Samsung in a total of 258 claims which involves a total of 22 patents in the final hearing. These patents will be answered for in a lawsuit that will spread from July to October. Twelve of the 22 patents are in question in other jurisdictions as well. An associate lawyer with Watermark asserted that the lawsuit against the patent commissioner will be settled much faster than the more high profile one against Apple.
Apple’s strategy to file for innovation patents before standard patents is quite common and is easily defensible by existing law, as long any duplication is proven as a mistake by the commissioner. It is also a known fact that the patent office grants innovation patents faster than standard ones. The results of these lawsuits will deeply influence the momentum to acquire the top place in the smartphone industry. Samsung or Apple, Who will emerge victor?
