Samsung countersues Apple in Australia

UPDATED SEPTEMBER 19:  Samsung has countersued Apple in the Australian Federal Court, claiming patent infringement.

Samsung claimed Apple infringed seven of its patents on its smartphones and tablets in a cross claim to Apple's application to injunct the release of Samsung's Galaxy Tab 10.1 in the country, the Australian Financial Review reported.

The cross claim is part of a global patent war between not only Apple and Samsung, but other mobile technology companies including Motorolla, HTC and previously Nokia. 

This legal action saw a German court banning the sale of the Galaxy Tab 10.1 in the European Union apart from the Netherlands

The claim involves wireless communications standards in the iPhone 3, 3Gs, 4 and iPad 2, the Review reported, and claims the patents used in Apple's suit are invalid.

While Samsung and Apple are battling it out in Australia, the Galaxy Tab 10.1 has been released in other countries, including New Zealand. Vodafone is selling the tablet for $899 on a 12-month contract. Samsung's recommended retail pricing is Samsung $799 for a 16GB wi-fi model, $949 for a 32GB/wi-fi model and $999 for a wi-fi+3G 32GB model. 

AUGUST 17:  Samsung will release the Galaxy Tab 10.1 in New Zealand this week, despite a ban on the tablet in Australia and pending legal action in Germany.

The Tab will be available through Vodafone stores this week for $999. Samsung bills the tablet as the thinnest currently available in the world at 8.6 millimetres. 

The release of the tablet, which runs on Honeycomb (Android 3.1), follows Apple's application to the Australian Federal court to injunct its release in Australia, and the banning of distribution of the tablet in the European Union by a district court in Dusseldorf.

However Florian Mueller, an intellectual property analyst who first reported on the injunction on his blog FOSS Patents has reported that the enforcement of the European injunction has been temporarily suspended, except in Germany, until the hearing on August 25 by the district court which imposed it.

This meant, he said, that outside the German market, Samsung was free to sell the Galaxy again.

Mr Mueller said he believed Samsung had "a pretty good chance" that the temporary suspension would result in a partial reversal of the preliminary injunction next week.

AUGUST 10: A German court has banned the sale of Samsung’s Galaxy Tab 10.1 in the European Union, except in The Netherlands - narrowing the Apple iPad competitor's chances of seeing New Zealand release in the near-future.

The preliminary injunction  was granted by a district court in Dusseldorf, Reuters reported, and marks a second victory for Apple in its patent-war with the Korean owned company.

The banning of Galaxy Tab 10.1 sales in the EU follows on from Apple’s application to the Australian Federal court to injunct the Tab’s Australasian release, as NBR reported on August 3. Samsung's Australia-New Zealand operation said it would release a local version of the tablet, but there were no details on the local version, or how it would overcome Apple's action against key features such as the Tab's touchscreen and look and feel. Samsung NZ has so far declined opportunities to comment.

Before Apple began its legal action, Samsung NZ did show NBR an evaluation unit of the Tab 10.1, which it said would be available in around September.

The battle of the patents began in April, when Apple filed a lawsuit suing Samsung for “slavishly” copying the iPhone and iPad with its Galaxy line of mobile phones and tablets. 

Apple’s lawsuit focussed on design features, such as how screen icons looked, and claimed Samsung violated Apple patents and trademarks.

Samsung promptly countersued Apple, claiming patent infringement, and called for Apple to stop, and to compensate the company, Reuters reported.

The companies reached a deal where Samsung agreed not to advertise or sell the Tab 10.1 until it was approved by the court.  Samsung also agreed to provide Apple with samples of the Tab 10.1.

Galaxy gadgets use Google’s Android operating system while the iPhone and iPad use Apple’s iOS.