At present, Apple is seeking an injunction against Samsung preventing the sale of the Galaxy Tab 10.1 in Australia. Samsung agreed to delay the device’s launch several times as the injunction was being considered by the court. In addition, The Wall Street Journal reported that Samsung’s lawyers had proposed a deal to Apple that would allow Samsung to launch its delayed Galaxy Tab 10.1 in Australia. Samsung’s proposed deal was not disclosed to the court. About a month ago, Reuters reported that Apple had rejected the offer from Samsung that would have allowed the company to release its Galaxy Tab 10.1 in Australia.
First, Samsung wanted to see the unreleased iPhone 5 and iPad 3, *drumroll please*…..now, Samsung wants the iOS source code and Apple’s carrier agreements. They are demanding this after Samsung faced yet another legal dispute with Apple, who claim that Samsung infringed iPhone and iPad patents. In fact, Apple has already succeeded in gaining a temporary band on sale of the Galaxy Tab 10.1 in Australia. This is just ridiculous because asking for the source code and carrier agreements has nothing to do with the lawsuit. Judging by stubborn a company Apple is, I don’t think they will hand over the source code. Good.
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.
Unlike the Galaxy Tab 10.1, the iPhone 4S has already been on sale in Australia for several weeks, which Apple counsel has referred to, “the horse had already bolted.”
If Samsung wasn’t copying Apple, why do we hear about a new patent issue almost every week? I think this particular lawsuit goes to show how desperate Samsung is to win the lawsuit when they know they don’t stand a chance.