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By 2 November 2011 | Categories: news

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The phrase ‘battles may have been won and lost, but the war is far from over’ is particularly applicable to Apple and Samsung’s seemingly never ending combat with each other.

The latest salvo fired back at Apple, after the Cupertino company won the injunction to have the Galaxy Tab 10.1 banned in Australia, is a considerable one. Samsung has filed for an injunction against the newly launched iPhone 4S, accompanied by a request for the latest iPhone’s source code.   

According to the Australian-based SmartOffice, Samsung has retaliated against Apple by seeking to have the iPhone 4S banned in that country, and has claimed that Apple has violated three of its wireless 3G patents.

SmartOffice reported that counsel for Samsung has asserted that it “would need the source code for the iPhone 4S and agreements Apple had with major carriers Vodafone, Telstra and Optus in order to make a legal case for a ban before the court.”

Subsidies in its sights

As if that wasn’t enough, Samsung is also going after subsidies that have been paid to Apple by the telecoms companies. Samsung’s counsel, Cynthia Cochrane, asserted that the impact on the market since the iPhone 3G was made available in the country in mid-2008 was significant, and has lead to a considerable increase in market share for Apple.

"If subsidies are given for the iPhone 4S, there are less to go around for my client's products," she is quoted as saying.

Apple in turn have refuted the claim, arguing that Samsung had agreed to license their patents under an international agreement known as Fair, Reasonable, and Non-Discriminatory terms (FRAND). The Cupertino based company also pointed out that its latest iPhone had been on sale for several weeks already, likening it to a “horse that has already bolted.”

The case is expected to continue on Friday, when no doubt the quest for the mobile crown will continue. And here we thought the Lannisters and the Starks (from the Game of Thrones) were the epitome of modern-day rivalry.

In related news, Apple was permitted to go ahead with its iPhone 4S launch in Italy, after Samsung  sought to have sales of Cupertino’s latest iPhone banned in France and Italy, over the alleged infringement of two wireless telecommunications technology patents that the Korean electronics giant holds. 

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