Samsung: Apple refused to negotiate to license 3G patents

Apple and Samsung started patent trial in Federal Court in Australia on Monday

Samsung Electronics accused Apple of refusing to enter into negotiations to license essential 3G patents included in the iPhone and iPad during the first day of their patent trial on Monday in Federal Court in Sydney.

In Australia, Apple filed suit against Samsung in July 2011, alleging that the company's Galaxy tablet infringed on patents related to touchscreen technology. Samsung subsequently filed a cross-claim against Apple, claiming violation of three 3G data transmission patents in Apple's iPhone 4 and 4S models and second iPad model.

Monday's hearing focused on two of the three patents -- Australian patents No. 2005202512 and No. 2006241621 -- that Samsung alleges Apple has violated. The two patents deal with power control and the format of packet headers used for 3G data transmissions. The court will address patent No. 2005239657, which deals with rate matching patterns used in data transmission, in August.

Apple's relationship with Samsung broke down after Apple filed a lawsuit in California in April 2011 against Samsung related to the Galaxy tablet, Samsung's attorney Neil Young said. Samsung had offered to negotiate with Apple to license the patents on fair, reasonable and non-discriminatory (FRAND) terms.

"Our position is Apple has refused to engage in negotiations," Young said.

Samsung asked Justice Annabelle Claire Bennett to separate the company's cross-claim hearings from Apple's tablet allegation. The trial is scheduled to run through the end of the week, with other sessions scheduled through October.

Apple and Samsung are engaged in long-running legal battles in several countries. In the U.S. last Thursday, Samsung lost an appeal in the U.S. Court of Appeals for the Federal Circuit to stay a preliminary injunction banning the sale of the company's Galaxy 10.1 tablet. Earlier in the month, Samsung was also denied by a U.S. District Court a stay on a preliminary injunction against sales in the U.S. of Samsung's Galaxy Nexus smartphone running Android.

In the U.K., a judge ruled on July 9 that Samsung's tablets do not infringe on a registered Apple design because "they are not as cool" and that the Galaxy Tablets do not have the extreme simplicity of Apple's iPad.

In that case, Samsung sought a declaration that three of its tablets -- the Galaxy Tab 10.1, Galaxy Tab 8.9 and Galaxy Tab 7.7 -- do not infringe on Apple's registered iPad design.

In the Netherlands on June 20, Apple was found to have infringed on Samsung's 3G patents by using Intel and Infineon baseband chips in the iPhone 3G, 3GS and 4 and the iPad 1 and 2. The court ruled Apple caused harm to Samsung since August 2010 by using the chips without paying a license fee.

Send news tips and comments to

Join the newsletter!


Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.
Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Jeremy Kirk

IDG News Service
Show Comments

Brand Post

Most Popular Reviews

Latest Articles


PCW Evaluation Team

Luke Hill


I need power and lots of it. As a Front End Web developer anything less just won’t cut it which is why the MSI GT75 is an outstanding laptop for me. It’s a sleek and futuristic looking, high quality, beast that has a touch of sci-fi flare about it.

Emily Tyson

MSI GE63 Raider

If you’re looking to invest in your next work horse laptop for work or home use, you can’t go wrong with the MSI GE63.

Laura Johnston

MSI GS65 Stealth Thin

If you can afford the price tag, it is well worth the money. It out performs any other laptop I have tried for gaming, and the transportable design and incredible display also make it ideal for work.

Andrew Teoh

Brother MFC-L9570CDW Multifunction Printer

Touch screen visibility and operation was great and easy to navigate. Each menu and sub-menu was in an understandable order and category

Louise Coady

Brother MFC-L9570CDW Multifunction Printer

The printer was convenient, produced clear and vibrant images and was very easy to use

Edwina Hargreaves

WD My Cloud Home

I would recommend this device for families and small businesses who want one safe place to store all their important digital content and a way to easily share it with friends, family, business partners, or customers.

Featured Content

Product Launch Showcase

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?