Lawyers representing Apple told the court that on Thursday last week Samsung delivered the company three samples of a new, modified version of the Galaxy Tab 10.1 it intended to launch in Australia. But Apple believed the new version still infringed its patents.. The Samsung Galaxy Tab 10.1 In a previous hearing Samsung had agreed to delay the launch of the US version of the tablet until the end of this week and provide Apple with samples of a modified Australian version at least a week ahead of its sale date. Patent experts accurately predicted that Apple, which believes Samsung slavishly copied the iPad's design, would not be satisfied with the modified Australian version. Apple's counsel said that while the modified version had "some reduced functionality" it "will still infringe". They sought orders from the court re-affirming the previous block on sales of the US model and asked for a new order to prevent the sale of the Australian version at least until a hearing can take place at the end of September. Samsung's lawyers initially challenged this, arguing Apple had presented no new evidence detailing why the new version infringes its patents. Samsung planned to launch the new version in the week beginning September 12.

"We don't have any evidence that makes their case. We have a different product, a new product ... we believe our device does not infringe," Samsung's counsel said. However, when Justice Annabelle Bennett queried the sense in launching the product in the middle of September only to have it potentially pulled from shelves following an interlocutory hearing just a few weeks later, Samsung's lawyers agreed to "defer" the launch until at least September 30. Samsung also said it was willing to undertake to provide Apple with 48 hours notice before it planned to sell the tablet. The hearing was adjourned until 2:15pm today so lawyers representing each side could agree on the precise dates late in September when a hearing could take place - at which both sides could present their evidence. "I think this matter may need more than a day," said Justice Bennett, who also asked Apple to come up with a statement of facts and contentions outlining which patents it believed Samsung's product infringed.

Today both sides will also be negotiating the final undertakings related to delaying the launch of the Australian version of the Galaxy Tab. Apple's lawyers said "we haven't completed our inquiries" into the modified Australian version but said the company believed it infringed at least two of its patents. Samsung's lawyers said Apple had indicated it wished to sue based on its original 18 patent infringement claims as well as a further 5 claims based on a new patent that Apple was only granted on August 11. Samsung said it would challenge the validity of Apple's patents on grounds such as that the iPad's design is not "novel" (i.e. others had released similar designs earlier). It said it would provide examples of "prior art" - or previous instances of iPad-like devices. Apple and Samsung are suing each other for patent infringement all over the world and in the US case one of the examples of prior art Samsung filed in its defence was a clip and still image from the film 2001: A Space Odyssey, which it says showed the tablet design before Apple.

Samsung's counsel said the company would be filing a "cross-claim for infringement of a number of our patents ... by the iPad". Justice Bennett said she owned an iPad herself but would likely need help in deciphering the patents and how they relate to the two products. Samsung vice president of telecommunications Tyler McGee was in court today but declined to comment. Patent law expert and senior associate at Melbourne law firm Watermark, Mark Summerfield, said it was usual in patent cases for an accused infringer to both deny infringement and contend that the asserted patents are invalid. "For Samsung to assert its own patents against Apple is more unusual, but given their battles around the world is not too surprising," said Summerfield.

"It seems likely that any infringement suit brought by Samsung against Apple would require separate proceedings. The issues will be too different to be considered as part of a single proceeding, and will be complicated when Apple also counter-sues for invalidity of Samsung's patents, as they almost certainly will." The suit is laced with ironies because Apple is one of Samsung's biggest customers - Samsung produces a number of the parts inside the iPad - and Apple founder Steve Jobs has previously discussed stealing ideas from competitors. "Picasso had a saying, he said 'good artists copy, great artists steal' and we have always been shameless about stealing great ideas," Jobs said in the 90s. Apple's tablet and smartphone patents are so broad that virtually all major competitors could be targeted by the company if it is successful in its legal tussle with Samsung. Loading

The patents cover the basics of multi-touch gestures - both the hardware and software implementations - and functions like slide to unlock and list scrolling. This reporter is on Twitter: @ashermoses