Samsung is suing the Australian patent commissioner over four patents that the Korean manufacturer says were "inappropriately" granted to Apple in 2009-2010. On May 22nd, Samsung filed a Statement of claim in the country's Federal Court, seeking a judicial review over the four patents. Samsung hopes that the patents get nullified which would allow it to seek a dismissal in a suit filed by Apple that claims Samsung infringed upon those patents in producing its Samsung GALAXY Tab 10.1 tablet.
A hearing on the matter is set for June 25th before Justice Annabelle Bennett, who is quickly becoming Australia's answer to Judge Lucy Koh in the States. Both have presided over the majority of Samsung-Apple legal clashes in their respective countries. Samsung claims that the four patents should not have been issued because they were duplicates of innovation patents already granted by Australia's patent commissioner. While Samsung will of course have a highly paid legal team arguing its case, the Australian patent commission will be represented by the Australian Government solicitor.
The Samsung GALAXY Tab 10.1
The four patents involved are number 2006330724 - Unlocking a device by performing gestures on an unlock image (Granted April 1, 2010), 2007283771 - Portable electronic device for photo management (Granted May 20, 2010), 2008201540 - List scrolling and document translation, scaling, and rotation on a touch-screen display (Granted February 11, 2010) and2009200366 - List scrolling and document translation, scaling, and rotation on a touch screen display (Granted July 23, 2009). While Apple claimed at times during the initial hearings that Samsung infringed on between 3 and 10 patents with the production of the Samsung GALAXY Tab 10.1 tablet, the Cupertino based company plans on alleging that Samsung infringed on 22 patents in making the device, when the final hearings take place between July and October. 12 of the 22 patents have been brought up by Apple in legal action taking place in other countries.
Patent lawyer Mark Summerfield expects the suit against the Australian patent commissioner to be settled quickly ahead of the final hearings between Apple and Samsung. Summerfield says that in his opinion, the patents should never have been granted. Late last year Samsung used Apple's suits as a way to publicize its flagship tablet at the time.
"Technically, the patents should not have been granted, so there is a legitimate case for review. On the other hand, the consequences for Apple are fairly harsh ... I think the court will consider itself to have considerable discretion in determining what the legislative intent was in a case like this."-Mark Summerfield, patent attorney
Alan, an ardent smartphone enthusiast and a veteran writer at PhoneArena since 2009, has witnessed and chronicled the transformative years of mobile technology. Owning iconic phones from the original iPhone to the iPhone 15 Pro Max, he has seen smartphones evolve into a global phenomenon. Beyond smartphones, Alan has covered the emergence of tablets, smartwatches, and smart speakers.
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