Samsung forced to find new evidence in Aussie Apple case

The Australian Federal Court has forced Samsung to seek new evidence to support its claims that Apple violated the South Korean manufacturer’s 3G patents in the iPhone 4, iPhone 4S and iPad 2.

Samsung alleged that its Australian patents 2005239657, 2005202512 and 2006241621 covered methods that comprised the UMTS 3G standard.

It alleged that those methods were used in 3G chipsets within Apple devices. The chipsets were produced by chip makers Intel and Qualcomm.

Apple counsel Stephen Burley said Apple had "no independent knowledge" of the methods of data transmission contained in the third-party chipsets.

Further, Apple said its devices transmitted data after a fashion that varied from the standard 3G innovation, along these lines avoiding violation of Samsung’s patents.

How Samsung could have assumed that it

She expressed frustration over how Samsung could have assumed that it would not require such evidence, asserting that the Korean manufacturer had the burden of showing that Apple had infringed its patents.

"You’re the one who has to assess the implementation of the research [in the Apple devices]," she said.

She said it would be difficult to determine if Apple’s use of a number international electronics standards necessarily implied that it was using Samsung research.

Young concluded Samsung’s opening arguments on Friday by submitting privileged documents expected to explain why Apple and Samsung had failed to reach a 3G licencing agreement prior to the trial.