Samsung have filed an application in the Federal Court of Australia against Apple and the Commissioner of Patents for relief under section 39B of the Judiciary Act 1903 (Cth).
Apple failed in its application for special leave to the High Court to obtain an injunction against Samsung selling its Galaxy 10.1 tablet in Australia. Apple’s primary infringement case is expected to be heard in the Federal Court in June.
In an interesting twist, on 22 May 2012 Samsung has filed an originating application in the Federal Court of Australia against Apple and the Commissioner of Patents for relief under section 39B of the Judiciary Act 1903 (Cth).
|NSD709/2012||Samsung Electronics Australia Pty Limited (ACN 002 915 648) and Samsung Electronics Co. Limited||Apple Inc., Apple Pty Limited (ACN 002 510 054) and Commissioner Of Patents||Patents||Originating application has been filed, directions set for 25 June 2012|
We can only speculate, but it appears that Samsung is seeking the issue of a writ relevant to judicial review (e.g. mandamus, certiorari and prohibition) or an injunction. It may be that Samsung are seeking certiorari an order which would set aside a decision of the Commissioner of Patents relating to one or more of Apple’s patents.
The matter is set down for directions on 25 June 2012 before Justice Bennett, which may shed some light on what decision of the Commissioner of Patents (if any) is being challenged by Samsung.