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Samsung looks to March to ban iPhone 4S in Australia

The electronics company has persuaded an Australian court to hear its arguments to ban the iPhone in the Land Down Under early next year.

Does the iPhone 4S violate Samsung patents?
Does the iPhone 4S violate Samsung patents? Apple

Samsung is keeping the pressure on Apple in the Land Down Under.

The company on Tuesday was able to convince an Australian court to hear its arguments for banning the iPhone 4S in the country, Reuters reported. Australian Federal Court Justice Annabelle Bennett said that she will hear arguments on the case in March, paving the way for Apple to capitalize on the crucial holiday-shopping season without fear of its iPhone being taken off store shelves.

Samsung hasn't been so lucky. Last month, the same Australian court sided with Apple, saying that the Samsung Galaxy Tab 10.1 violates patents the iPad maker holds. The court then banned the sale of the Galaxy Tab 10.1 in Australia until a full hearing could be held. Luckily for Samsung, that hearing is happening later this month, but depending on when the court makes its final determination, the company might miss much, if not all, of the shopping season.

But the battle between Apple and Samsung extends far beyond Australia to parts of Asia, Germany, and the U.S., among other areas. In each country, both sides argue that the other violates patents they hold, but so far, Apple has gotten the best of Samsung, winning some key court battles in Germany, the Netherlands, and the U.S.

As of late, the iPhone 4S has become chief among Samsung's concerns, as evidenced by its latest appeal to the Australian court. However, Samsung is not necessarily ready or willing to argue its case against the iPhone 4S everywhere. In fact, Korean news outlet The Chosunilbo reported yesterday that Samsung has decided against seeking an injunction against the iPhone 4S in that country.

"We concluded that we should engage in legal battles with Apple only in the global market, but not in order to gain more market share in Korea," the company told the news outlet.

Even as Samsung prepares its legal fights against Apple, the company is beating Apple at retail. During the third quarter, Samsung sold 23.6 million smartphones worldwide, nabbing 20 percent of that market, according to data compiled by IDC. Apple shipped 17.1 million iPhones, securing 14.5 percent of the space.