The last we heard in the case of Australia’s Competition and Consumer Commission taking Apple to court over the “4G” branding of the new iPad was a meeting earlier this week that ended without resolution. Apple offered users a refund for the third-gen 4G iPad and changed some of its “4G LTE” advertising on its Australian website following complaints the device did not operate on frequencies used by 4G networks in the country. However, the ACCC wanted Apple to change the Wi-Fi + 4G branding of the actual device.

Today, a report from The Australian claimed Apple is defending the name by claiming, despite operating only on 3G networks, the new iPads on Telstra, Optus and Vodafone deliver speeds “in accordance with accepted industry and regulatory use of the descriptor ‘4G’.” In other words, Apple thinks the carrier’s 3G networks should be referred to as 4G networks. This is what Apple told an Australian federal court this week:

Apple says the iPad is compatible with data networks run by Telstra, Optus and Vodafone “which are 4G networks in accordance with accepted industry and regulatory use of the descriptor ‘4G’ “…. The iPad with WiFi + 4G is a device which performs in accordance with the descriptor ‘4G’ in terms of data transfer speed… The descriptor ‘4G’ … conveys to consumers in Australia that the iPad with WiFi + 4G will deliver a superior level of service in terms of data transfer speed (consistent with accepted industry and regulatory use of that term), and not that the iPad with WiFi + 4G is compatible with any particular network technology promoted by a particular mobile service provider in Australia.”

Apple also claimed:

“There was at all material times information widely published in Australia which informed consumers that the iPad with WiFi + 4G was not compatible with Telstra’s 4G LTE network”

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