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Monday, 29 August 2011 17:53

Samsung to cross claim Apple Australia in patent battle

Samsung Galaxy Tab 10.1 (Credit: Samsung)Samsung and Apple returned to the Australian Federal court today in the patent battle surrounding Samsung's Galaxy Tab device.

Samsung Galaxy Tab 10.1 (Credit: Samsung)

Earlier this month, Apple Australia took Samsung to court claiming Samsung was infringing on a number of its patents with its forthcoming Galaxy Tab 10.1 device.

At the time, the decision was made to delay the launch '” said to be just days away '” of the Tab in Australia, pending an outcome of the case.

Samsung remained adamant that the Tab set to be sold in Australia wouldn't infringe on any of Apple's patents and wasn't relevant to the case which it says Apple was basing around the American edition of the Tab.

However Apple's lawyers said today that it feels the Tab set to be sold in Australia still infringes on some of its patents.

Read Samsung's full statement after today's court appearance here

While no ruling was made today, Samsung's Australian lawyers voluntarily agreed to further delay the launch of its Galaxy Tab in Australia until the court makes a decision sometime during the week starting September 26.

Samsung will also give Apple at least 48 hours notice before the Tab goes on sale in Australia.

'Samsung will continue to actively defend its right to launch the Samsung GALAXY Tab 10.1 in Australia in order to ensure that consumers have a wider selection of innovative products to choose from,' the company said in a statement.

Samsung isn't going to back down on Apple's claims, itself launching a new cross claim against Apple's Australian subsidiary for patents 'previously asserted' by Apple as well as a violation of patents that Samsung claims Apple infringes with its iPhone and iPad products.

It follows similar actions undertaken by Samsung overseas, in countries including the USA, Korea and Germany.

'Samsung will continue to pursue all possible measures including legal action to defend its intellectual property rights and ensure its innovative products remain available to consumers throughout the world,' it said of today's announcement.

Samsung and Apple will return to Australia's Federal court in late September. Apple Australia didn't respond immediately to requests for comment.

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