Samsung has escalated its battle against Apple by seeking to ban sales of the company’s new iPhone 4S in Australia and Japan.

The Korean based company claim the product, which went on sale to much fanfare last week, infringes its patents on mobile phones in both those countries.

However, patent analyst Florian Müller within the electronics business wrote: “I believe Samsung’s attack on the iPhone 4S in Australia is doomed to fail because it relates to three patents declared essential to the 3G telecommunications standard. On Friday, a Dutch judge already made it clear that Samsung can’t seek an injunction based on such patents, and I’d be extremely surprised if an Australian judge took a different perspective on FRAND (fair, reasonable and non-discriminatory) licensing commitments,” The Guardian reported.

He said the  situation is “less clear” in Japan “.

The two communications giants have been battling each other in the courts over smartphones and tablet computers.

However Samsung’s request for a sales ban against some Apple products was rejected by a Dutch court on Friday.