Samsung battle could have been avoided but Apple was trigger happy

More news on the Samsung verse Apple shenanigans in Australia today, as apparently the whole debacle could have been avoided but Samsung says Apple was too trigger happy, as Sammy claims the company and Apple were in “board licensing discussions” that may have avoided court action.

According to an article over on The Sydney Morning Herald, a lawyer for Samsung told Justice Annabelle Bennett that Samsung has an “informal policy” not to sue Apple for patent infringement, but this was brought to an end when Apple sued Samsung over patent infringement.

The court has decided that the case would go to a full hearing in March and as a result Samsung would hold fire with their attempt to ban the iPhone 4S in Australia, and just like when Apple wanted an early hearing over the ban of the Samsung Galaxy Tab 10.1 where Samsung said they would not be ready in time, Apple is now taking the same line.

However apparently Justice Bennett continually rejected Apple lawyers reasons for not going ahead with the early hearing, stating that Apple typically releases a new iPhone every year and delaying the hearing could delay that further as Samsung would need to “recast their entire case” in order to take in a new product.

Bennett said that Samsung is trying to expand the Android market and the longer it is left the harder it will be for Samsung and it is the exact same reverse when it was the case of the Samsung Galaxy Tab 10.1.

Mark Summerfield, a senior patent lawyer has said that the proceedings have thus far been largely driven by Apple but this is the first time Samsung has gained control over the proceedings.

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