Samsung has officially fired back at Apple in Australia, filing a cross claim today with the Federal Court of the country. The claim says that Apple’s iPhone and iPad infringe upon seven wireless patents held by Samsung, according to BusinessWeek. Samsung is also seeking to invalidate Apple-held patents which form the basis of the iPhone-maker’s suit against the South Korean company, which is currently preventing the sale of the Galaxy Tab 10.1 in Australia.
Samsung’s suit comes after Apple succeeded in blocking the sale of the Galaxy Tab 10.1 in that country, not through a court-ordered preliminary injunction, but through an agreement reached with Samsung itself. Samsung has agreed not to sell or advertise the Android-powered tablet before Sept. 30, pending a hearing to take place Sept. 26 and 29 to determine whether the formal preliminary injunction requested by Apple is valid or not.
This just adds one more lawsuit to the already considerable pile. Apple and Samsung are facing off in many countries around the world on nearly every continent, including Germany, the Netherlands, Japan and the U.S. German judges recently ruled to uphold a preliminary injunction against the sale of Galaxy Tab 10.1 devices it issued for that country, and Samsung is now appealing that decision to a higher court.
FOSS Patents’ Florian Mueller believes that Samsung’s decision to voluntarily agree to hold off selling the Galaxy Tab 10.1 reveals a weak legal position relative to Apple, but this cross claim indicates that the Korean company has at least some confidence in the strength of its case. We’ll bring you more in the next couple of weeks, as the Australian hearing takes place and Samsung’s agreed-upon do-not-sell date for the Tab approaches.