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Apple V Samsung OZ Round 2: Qualcomm, 3G …And Broken Promises

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Apple and Samsung entered round 2 of mobile patents battle before the Australian Federal courts today, with neither side showing any sign of backing down.

The tech duo are back in the Federal Court sparring over alleged patent infringements, where Samsung accuse Apple of pinching 3G mobile patents for use on its iPhone and iPad devices, which the latter is firmly denying.

Samsung claims Apple iOS made three mobile patent infringements, in all, in a suspected retailation move against its arch rival, and also previously sought to ban the sale of iPhone 4S in Australia.

It emerged in court today the Galaxy maker had a long standing agreement with chip maker Qualcomm, who also supply chips to Apple, to refrain from taking any legal action against it or its asociated clients, for using Samsung’s 3G wireless patented technology.

However, the agreement was pulled after Apple first filed its case against Samsung in Australia last year, accusing it of slavishly copying its iPad and iPhone designs, and managed to get an injunction which served to ban the sale of Samsung’s Galaxy Tab 10.1 here, for several months.

This injunction was later thrown out by the High Court, following appeal.

However, the deal was “a contractual provision that Samsung would not sue Qualcomm or customers of Qualcomm who apply [the 3G patents],” and “not a licence agreement,” Samsung lawyers told the court today, ZDNet reports.

This means Samsung was not contractually bound per se not to sue Apple or any other Qualcomm client, whom it suspected of using its patented technology, without license. 

Samsung says it offered Apple a “fair commercial rate” to license the 3G technology, which are essential to the operation of web connected mobile devices, but Cupertino refused the offer. 

Apple and Samsung are battling it out over patents in numerous jurisdictions globally including US, Germany, Italy and UK, and the latest round of hearings is soon to recommence in the US.

The case continues tommorrow.