As you no doubt know Apple and Samsung are still at each other’s throats over patent infringement with Apple getting the upper hand with bans set in place of the Samsung Galaxy Tab 10.1, however old Sammy isn’t ready to simply roll over and lay down, as the company has now upped the stakes with their latest move in this ongoing legal confrontation.

According to an article over on Slash Gear by way of Smart Office, Samsung is demanding the source code to the iPhone 4S and in addition to that source code, Samsung also wants information on all Apple subsidies that have been agreed with Australian carriers.

Samsung is currently seeking a ban of the iPhone 4S in Australia claiming the iOS smartphone violates 3 of Samsung’s 3G patents.

Cynthia Cochrane, counsel for Samsung told the federal court, that Samsung would require the iPhone 4S source code and Apple agreements with Vodafone, Opus and Telstra so they can make a legal can for a ban to the court with Cochrane saying…

“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. If subsidies are given for the iPhone 4S, there are less to go around for my client’s products.”

In response to Samsung’s demand for the iPhone 4S source code, Apple says they will have to wait for advice before allowing Samsung access to the source code.

The case for banning the iPhone 4S in Australia is being presided over by Justice Annabelle Bennett, the same justice that gave Apple their injunction banning the sale of the Galaxy Tab 10.1 in the country, the case to determine whether Apple will hand over the info Samsung is demanding will continue on the 4th of this month.

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