Apple widens patent claims against Samsung

APPLE has widened its claims against Samsung in its ongoing patent battle with the company it was revealed in the NSW Federal Court today.

Samsung lead barrister Neil Young SC said Apple had "enormously" expanded its patent bid which initially involved three patents of features in the Korean company's Galaxy Tab 10.1.

Mr Young said that Apple's had given Samsung only days notice that its legal bid against the Tab 10.1 had expanded to include 278 claims involving 22 patents and ten additional products, including mobile phones and the Galaxy Tab 7 which is yet to be launched here.

Samsung told the court it would not be able file its defence to the expanded claim until at least 18 May.

The case in Australia is a part of a legal battle between the two companies raging across jurisdictions around the world.

Late last year Apple lost a High Court bid to restore a temporary on the sale of the Tab 10.1 year while the dispute between the two companies was resolved.

Samsung responded to Apple's initial success in October when Justice Bennett granted the ban on the Galaxy Tab 10.1 product by launching a counter-claim against the iPhone 4S in Australia for infringement of Samsung’s 3G chip patents.

Apple has since argued that the patents are subject to compulsory licensing under international FRAND (Fair Reasonable and Non-Discriminatory) agreements.

Justice Annabelle Bennet struggled today to find common ground between the companies to fix dates to resolve both matters.

Apple vigorously opposed a proposal by Samsung to split the hearing over its iPhone 4S into two parts in order to start the case in late February. Apple's two prong defence deals directly with the Samsung infringement and a secondary but related claim that its 3G technology licensing conduct is anti-competitive.

Samsung argued that the case should be split up to ensure the case could go ahead in the time set down in March. Apple however argued that the case could become chaotic with witnesses being cross-examined while still preparing evidence for the second component of the case.

Apple said it would not be able to complete its evidence until September at the earliest.

Samsung later in the day insisted it would not be able to prepare its defence on Apple's patent claims until May 18.

Justice Bennett warned both parties that she was eager to keep pace with cases in other jurisdictions around the world and settle both matters before the end of the year.

She has asked the parties to come back with plans to set hearing dates next week.

Source  Australian IT