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Samsung aims to void 4 Apple patents in Galaxy Tab case
The company alleges that it is "aggrieved by the patents" because the four were granted "ultra vires," or beyond the powers held by the commissioner of patents.
The Samsung Galaxy Tab 10.1
(Credit: Samsung)Samsung is seeking to invalidate several patents held by U.S. tech giant Apple in Australia, taking the Australian Commissioner of Patents to court.
Samsung filed its case against the commissioner at the end of May, according to documents sighted by ZDNet Australia, seeking for the Federal Court to invalidate four patents granted to Apple between 2009 and 2010.
The Korean company has alleged that the four patents were granted "ultra vires," or beyond the powers held by the commissioner of patents. Samsung alleges in its application that it is "aggrieved by the patents" because a case launched by Apple in 2011 against the Samsung Galaxy Tab 10.1 was based on set patents that included those four.
Samsung claims that all four patents related to inventions for which Apple had already been granted innovation patents between 2005 and 2008, and thus, Apple shouldn't have been eligible to be granted the second patents.
Read more of "Samsung banks on Apple patent mistake" at ZDNet Australia.
