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Article

Samsung Countersues Apple in Australia

Commentator also says Korean company's stance is "highly problematic"

Samsung has countersued Apple in Australia charging the iPad 2 and iPhone 3G, 3GS and 4 with trespassing on seven of its Australian wireless patents.

The move comes ahead of an Australian court deciding whether Samsung will be formally barred from selling its Galaxy Tab 10.1 in the country.

Samsung agreed early in August to pull its Android-based Galaxy Tab 10.1 off the Australian market and cease advertising the thing pending a decision from the Australian Federal Court hearing an Apple "look and feel" patent infringement complaint. In its shiny new countersuit Samsung alleges that the 13 Apple patents the tablet's snared on are invalid.

Litigation-following blogger Florian Mueller figures Samsung's case is weak. The patents Samsung cites in its lawsuit are reportedly standards-essential, which doesn't make them very good offensive patents. In fact, if they're standards-essential Samsung would have to license them to Apple on fair, reasonable and non-discriminatory terms. Otherwise the Australian antitrust authorities could get dragged into the affair.

Florian describes Samsung's position as "highly problematic, and utterly desperate."

Meanwhile, a report in the Korea Times says Samsung is going to try to get an injunction barring the expected but still-unannounced iPhone 5 from touching Korean shores claiming infringement. It's assumed it could try the tactic elsewhere too.

Right now, however, Samsung is appealing preliminary injunctions barring its German unit from selling the Galaxy Tab 10.1 and the smaller Galaxy Tab 7.7 in Germany or anywhere in the EU for that matter.

Samsung's got another problem: Apple is its biggest customer and Apple is supposedly moving production of some or all - depending on which water cooler you're at - of its next-generation ARM-based A6 and its A7 successor processors to Taiwan Semiconductor Manufacturing Company. According to the Apple Daily, shipments will start at the end of the first quarter.

More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

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