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Monday, October 17, 2011
Samsung Requests Preliminary Injunction to Block iPhone4S Sales in Japan and Australia


Following similar motions in France and Italy, Samsung Electronics on Monday filed preliminary injunction motions in the Tokyo District Court, Japan and in the New South Wales Registry, Australia requesting the courts to immediately stop the sale of Apple's iPhone4S in the respective countries.

In Japan, Samsung is also seeking an injunction order to immediately bar the sale of iPhone4 and iPad2. And in a separate filing today, Samsung has appealed the Australian court's decision on October 13 to grant a preliminary injunction over the Galaxy Tab 10.1.

The injunction request in Japan cites infringements on one High Speed Packet Access (HSPA) standard-related patent and three user interface patents, which "seriously violate Samsung's intellectual property," according to Samsung's statement.

Patent Claims in Japan:

1) One HSPA patent which relates to a method for deciding amount of power consumption during data transmission

2) Three user interface patents that are essential for displaying information on the screen, specifically UIs for the "in flight mode" indicator (airplane icon); for customizing a smartphone's home screen; and for browsing applications categorized in a tree structure (in an apps store).

Samsung's preliminary injunction request in Australia cites three patent infringements related to wireless telecommunications standards, specifically Wideband Code Division Multiple Access (WCDMA) and HSPA.

Patent Claims in Australia:

1) Method and apparatus for transmitting/receiving packet data using pre-defined length indicator in a mobile communication system (WCDMA)

2) Method and apparatus for data transmission in a mobile telecommunication system supporting enhanced uplink service (HSPA)

3) Method and apparatus for transmitting and receiving data with high reliability in a mobile communication system supporting packet data transmission (HSPA)

Samsung believes the sale of such Apple devices should be banned.

"Apple has continued to violate our patent rights and free ride on our technology. We will no longer stand idly by and will steadfastly protect our intellectual property," Samsung said.

Samsung said earlier this month that it would seek sales bans of the latest iPhone in France and Italy.

Since April, Apple and Samsung have been locked in a legal battle in 10 countries involving smartphones and tablet computers as they jostle for the top spot in the fast-growing markets.

Apple has sold over four million of its new iPhone 4S, just three days after its launch on October 14. In addition, more than 25 million customers are already using iOS 5 mobile operating system, in the first five days of its release. iPhone 4S is available today in the US, Australia, Canada, France, Germany, Japan and the UK, and will be available in 22 more countries on October 28 and more than 70 countries by the end of the year.


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