Further to our previous report on this court action, more details have been revealed including Apple’s filing of a Notice of Objection to Competency.
We reported previously that Samsung 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).
This action is related to the much larger stoush between Apple and Samsung (namely Apple taking action for patent infringement over Samsung’s Galaxy 10.1 tablet).
Some clever leg work from itNews journalist James Hutchinson has revealed that the action Samsung have taken relates to a judicial review of four patents it claims were inappropriately granted to Apple (possibly a double patenting issue with some innovation patents).
However, Apple, Inc is also a party to the action by Samsung. In an interesting development, Apple Inc (not the Commissioner of Patents) has filed a Notice of Objection to Competency, in an attempt to have the proceedings filed by Samsung dismissed.
Under the Australian Federal Court Rules, a Respondent may file such a notice which encourages a Respondent to inform the Applicant at the earliest possible date that jurisdiction is an issue. Further, the notice has the effect of “putting [the Applicant] at risk on an adverse costs order” and serves the purpose of “securing the respondent’s rights to costs” (Yao v Secretary, Department of Education, Employment and Workplace Relations [2010] FCA 18, per Perram J).
A directions hearing has been set down for 25 June 2012 before Justice Annabelle Bennett.