Samsung sues Aussie patent office over Apple

11/06/2012

Samsung has sued the Australian patent commissioner in an attempt to force a review of documents key to its ongoing power struggle with mobile phone rival Apple.

The Korean giant filed a statement of claim in the Federal Court seeking a judicial review of four patents it alleges were inappropriately granted to the American firm between 2009 and 2010.

Samsung claims the patents were granted "ultra vires" or beyond the power of the patents commissioner.

News of this filing comes just days after Apple took strides to have sales of the Samsung Galaxy S3 banned in Australia because it suggests the Korean firm infringed its interface documents.

Patent lawyer and senior associate with Watermark Mark Summerfield said the case against the commissioner is likely to be a short one.

"Technically, the patents should not have been granted, so there is a legitimate case for review. On the other hand, the consequences for Apple are fairly harsh," he continued.

Posted by Peter Robinson

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