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Samsung Lost Lawsuit Against Apple Inc. (NASDAQ:AAPL) For Not Providing Royalty Settlement Proofs

Written by on November 14, 2013

Apple Inc. (NASDAQ:AAPL) and Samsung Electronics Co., Ltd. (KRX:005930), are fighting over violating copyrights and Samsung lost a court bid in Australia to bring up proof showing the two sides have been involved in on-going settlement meetings. According to a Nov. 4 ruling, Samsung required, through witness statements, to show there have been ongoing talks until recently to decide a fair royalty. On the court’s website today, the verdict issued by Australia Federal Court Justice Annabelle Bennett was posted with redactions to commercially sensitive references and the particulars of the royalties.

In 2011, Samsung was sued by Apple in Australia and asked for a ban on the sale of its Galaxy Tab 10.1 tablets by claiming that the company violated its touch-screen copyrights. Later Apple was counter sued by Samsung and claimed that Apple devices violated three of its standard-essential copyrights. Then Apple defied with a suit accusing Samsung of violating international obligations to discuss a fair royalty on the copyrights.

Bennett wrote that significant costs would be wasted and it is more credible than not that the hearing date would need to be evacuated. Samsung enjoyed more than adequate opportunity to rouse its lawsuit. In Sydney, a trial on Samsung’s counterclaim is planned to start on Nov. 26 and run through April 10 in federal court. The base of Apple’s cross-claim is a proposal for a specific royalty to be paid for each product which is made by Samsung on July 25, 2011 while details of proposal are presented to Bennett.

However, Apple said that it’s agreeable to pay a royalty on fair, rational and unbiased terms, known as FRAND, as required by the European Telecommunications Standards Institute. But Samsung has rejected and keeps on rejecting to offer FRAND royalty terms. Apple claimed to recover most of the $410.5 million that U.S, District Judge Lucy Koh cut from the original $1.05 billion that was awarded to Apple for Samsung’s copyright violation by a jury in San Jose, California and the Australian clash concurs with that case.

In April 2011, proceedings between the two companies started in the U.S. when Apple filed a suit against Samsung for slavishly copying its iPhone and iPad features.

Apple Inc. (NASDAQ:AAPL) shares were up 0.31% to $522.25 in premarket trading.

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