Samsung has already won its lawsuit against Apple

Even if defeated in his two trials against Apple, Samsung wins. The Korean manufacturer has exposed many preproduction iPhone and iPad and the Cupertino forced to reveal some of his secrets best kept. In doing so, Samsung has certainly raised the ire of Judge Lucy Koh, but no matter: after many setbacks, the strategy of scorched earth was the only option.

Samsung Vs Apple

At a hearing before the Federal Court of Australia, Apple and Samsung have each submitted new arguments and further complicated their skirmish. Like the Netherlands, the United States, Italy or France, Samsung is trying to obtain a suspension of sales of the iPhone4S for patent infringement on UMTS. In none of these countries, however, the Korean group has yet come his way. ITNEWS reports that Apple's lawyer appealed to the French court to these patents. The intention is that they have been developed under the auspices of the European Institute of Telecommunications Standards, which Samsung is a member. Implying again that they are licensed under FRAND (on a basic fair, reasonable and non discriminatory). But Apple is also said to want to defend the position that it does not infringe any patents. Finally the lawyer was surprised that Samsung calls for suspension of sales of the iPhone rather than an extra charge since, based on different is the lack of payment of royalties for the use of these patents. Counsel for Samsung intends to contest the FRAND application of the system in case of Australia. It also states that Samsung has opened the door to negotiations that have been denied by Apple.

Samsung v Apple, The Game Continues

The game of ping-pong continues. Did you miss the Samsung case against Apple Samsung miss? Your daily dose for today is the scheduling of cases and a possible conflict of interest in Apple's legal team.

Samsung and Apple filed a few days ago their proposals for the timing of the events. While Apple's interest to expedite the process, Samsung has instead play for time: the two calendars differ by more than a month.

The judge in charge of the case has decided not to accede to the request of Apple, "the court agrees with Samsung to say that Apple has not shown evidence of harm sufficient to justify a procedure accelerated.” Although it has simplified its prosecution, Apple will not benefit from a tighter timetable.

Samsung does not stop in so good way: the Korean company has requested the withdrawal of all or part of the legal team to defend Apple on this issue because of potential conflict of interest. At least five lawyers from the firm's Apple & Bridges Mavrakakis, were indeed in the past Samsung lawyers in the firm Kirkland & Ellis.

The lawyers involved refute any conflict of interest: the records they would have had to deal on behalf of Samsung were not related to the proceedings. The Korean firm is not of that opinion, and fears that the increased involvement of lawyers cannot get with it to Apple: Samsung has asked the court to verify that the other two firms representing the Cupertino, Morrison & Foerester and Wilmer Hale, have not received "confidential information" on the part of Samsung lawyers Mavrakakis & Bridges.