Samsung to Apple: Hand Over iPhone 4S Source Code

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From one spat to the next, the latest footnote to the chapter in the book that’s part of an ongoing legal series of thrust and counters involves Samsung demanding that Apple pony up the source code for its just-released iPhone 4S. Make this salvo number “I’ve lost count,” following Apple putting the kibosh on Samsung Galaxy Tab 10.1 sales in Australia a few weeks ago.

According to Samsung’s legal counsel, Cynthia Cochrane (and by way of Smart Office), Samsung needs the cart to produce the horse, the cart being Apple’s iPhone 4S source code, and the horse being Cupertino’s alleged infringement of three Samsung wireless 3G patents. Apple denies the claim, stating that it’s covered under something called Fair, Reasonable, and Non-Discriminatory terms, or FRAND, but Samsung argues FRAND may not be applicable in Oz.

(MORE: Apple-Samsung Patent Battle: Apple’s Totally Winning)

If you’re thinking it ends there, think again (as if Samsung would stop at just iPhone 4S source code). The South Korea-based electronics giant also wants a peek at the agreements Apple signed with Australia’s topmost mobile phone carriers, e.g. Vodafone, Telstra and Optus. That includes figuring out the subsidies said telcos pay Apple to sell the iPhones with plans. Samsung’s goal is to see the iPhone 4S banned down under, and Cochrane argues the company needs all of the above information to make its case.

“It goes to show that since the iPhone 3G was made available in Australia in July 2008, the impact on the market for every iPhone product has been significant, and has lead to a substantial increase … in market share by revenue,” argued Cochrane in court, reports Smart Office. “If subsidies are given for the iPhone 4S, there are less to go around for my client’s products,” she added.

Samsung’s chances of putting the brakes on the iPhone 4S? The Galaxy Tab 10.1 was banned before it went on sale, but the iPhone 4S has been available in Australia since October 14. Apple counsel’s take: “The horse has already bolted.”

Reporting this stuff’s like tabulating the world’s slowest missile launches: Wait for it…wait for it…keeping waiting for it, and so forth. Some of those missiles explode, others fall back to earth like Scuds.

To be continued, when the case picks back up, November 4.

MORE: King for a Quarter: Samsung Snatches Smartphone Sales Crown from Apple

Matt Peckham is a reporter at TIME. Find him on Twitter at @mattpeckham or on Facebook. You can also continue the discussion on TIME’s Facebook page and on Twitter at @TIME.

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