AnnabelleBennett
Latest
Judge calls Samsung vs. Apple 3G suit 'ridiculous,' suggests mediation instead
Annabelle Bennett is no stranger to Apple/Samsung litigation -- the Federal Court of Australia judge has had a hand in the companies' disputes for at least the past year. And it would appear that she's grown a bit impatient, following a Samsung move that she's labeled as "just ridiculous." According to a Bloomberg report, the trial began with Samsung's attorney stating that Apple refused to pay a fee to license three patents related to 3G data transmission. Apple's counsel, however, explained that the company did offer to pay, but Samsung refused. Bennett responded by asking "why on earth are these proceedings going ahead?," following up with "why shouldn't I order the parties to mediation?" -- a question she expects to be addressed by the end of the week. There doesn't appear to be any official ruling at this point, though the trial certainly isn't off to a great start for Samsung. Ultimately, the duo may be forced back to the negotiating table, letting Bennett move on to other cases until the next patent rouse.
Samsung sues Australian patent office to force judicial review of Apple patents (Update: Samsung clarifies)
Samsung has sued the Australian patent commissioner to seek judicial review of four patents granted to Apple in the country. It alleges that Cupertino's innovations patents, the legal equivalent of calling shotgun on new tech, weren't withdrawn by the commission when the full ones were awarded. If the Korean company is successful, the four patents will be declared invalid since they were improperly granted -- keeping them out of the barrage of litigation that surrounds the Galaxy Tab 10.1. A directions hearing is scheduled for June 25th, where Judge Annabelle Bennett will decide if Apple will lose out due to the error. [Thanks, James] Update: Samsung has responded with the following press statement to clarify the situation. It is inaccurate to state that Samsung has "sued" the Australian Commissioner of Patents Because of a procedural requirement of Australian law, the Commissioner has been joined in Samsung's invalidity case against Apple in the Australian Federal Court proceedings. Samsung is not making any allegations of wrong-doing against the Commissioner and it is most unlikely that the Commissioner will take any active role in the proceedings. It is therefore inaccurate to state that Samsung has "sued" the Australian Commissioner of Patents. Samsung is simply complying with Australian procedural requirements so it can make all possible invalidity arguments against Apple's dubious patents. Samsung's invalidity case against Apple is not new and has been in progress since Apple first commenced proceedings against Samsung in Australia last year. Samsung's claim against Apple always has been that Apple's patents should be revoked, and the new procedural aspect of the claim does not change that in any way.
