Samsung Had an Informal Policy of Not Suing Apple, Not Anymore

The whole Samsung-Apple debacle is bringing quite a few things to light, such as a so-called informal policy Samsung had in place of overlooking Apple's patent infringements.

Samsung and Apple have sued each other ever since Apple began to hound the former's Galaxy Tab 10.1 tablet with abandon.

It is now revealed that Samsung has been overlooking Apple's alleged infringing activities for a while when things finally crashed into the courtroom.

According to SMH, the company deliberately turned a blind eye on Apple's unlicensed use of its 3G patents until the Cupertino company made its first aggressive move.

The reason behind this was Samsung's choice to protect its role as supplier of iPhone and iPad components.

The two were even holding patent licensing negotiations until Apple chose to just go ahead and use those 3G patents without authorization.

When the Galaxy Tab 10.1 was attacked, Samsung decided it was enough, though this did earn the ire of the European Commission.

Apple tried to get the hearing set in August 2012, but judge Justice Annabelle Bennett, the same who approved the preliminary injunction on the Samsung Galaxy tab 10.1 in Australia, denied the motion, on the grounds that it was too likely Apple would have yet another iPhone by then, something that would force Samsung to recast its whole case.

March 2012 is when the next court meeting will take place, until then Samsung will hold off on trying to get the iPhone 4S banned in that region.

“In effect the informal policy of not suing Apple for patent infringement was terminated when Apple sued Samsung for patent infringement in California and then elsewhere,” said Samsung's legal team.

“Apple was on notice that it was infringing Samsung’s essential 3G patents from April 2011 at the very least and thereafter proceeded with its eyes wide open to take steps ultimately in Australia in October that involved infringement of patents.”