Samsung Looks to Block iPhone 4S in France, Italy

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Samsung plans to request injunctions in France and Italy on Wednesday to block the import and sale of Apple’s just announced iPhone 4S. The move is part of Samsung’s ongoing patent infringement battle with Apple over similarities between the iPhone and iPad, and its Galaxy smartphone and tablet products.

Samsung wants to block iPhone 4S in Italy and FranceSamsung wants iPhone 4S injunctions in Italy and France

Apple unveiled the iPhone 4S during a special media event on Tuesday with plans to ship the combination iPod and smartphone in the U.S. and several other countries on October 14. The new model looks like the iPhone 4 it replaces, but has a faster processor, better cameras, and Apple’s Siri voice control.

“Apple has continued to flagrantly violate our intellectual property rights and free-ride on our technology,” Samsung representatives said in a statement, according to Reuters. “We will steadfastly protect our intellectual property.”

Apple and Samsung have been locked in a legal battle over patent infringement claims for several months. Both companies have alleged that the other’s mobile devices use patented technologies without proper licensing, and have filed lawsuits against each other in the U.S. and other countries.

A German court recently upheld an injunction blocking the sale of Samsung’s Galaxy Tab 10.1 tablet in the country. Samsung has filed an appeal in hopes of overturning that ruling. Apple was also awarded a temporary injunction through a Dutch court blocking the sale of some Galaxy devices in the European Union.

Samsung previously agreed to keep its Galaxy Tab 10.1 out of Australia until the beginning of October while a judge reviewed the case, and now potentially faces a court-ordered ban on the tablet thanks to a request from Apple for an injunction.

The court filings in France and Italy probably aren’t the last that Samsung has planned. The company said it could file for injunctions in other countries, too.

Comments

jfbiii

“Oh, if only Apple could pretend that we didn’t copy their packaging, chargers, products, and interface all of this nastiness could go away.”

jfbiii

Part of the PR problem that Samsung faces is that the things that it’s accusing Apple of copying/stealing aren’t visible, whereas anyone with eyes and a brain can see how blatantly Samsung “borrows” from competitors.

Nemo

Samsung had better have more in its hand than FRAND patents.  Suing on FRAND patents isn’t likely to be well received, especially where Samsung’s hands in getting royalties for its FRAND patents are dirty, as I believe Nokia’ hands were.  Still, I don’t know French or Italian domestic IP law and how that law harmonizes with EU IP law.  But if EU IP law is controlling in French and/or Italian courts, Samsung is unlikely to get more than damages, even in Samsung’s best case.  Under Samsung’s FRAND rights, Apple either does or does not owe a royalty.  And if it does owe a royalty, the only issue is how much Apple owes for past and current use under a negotiated or court imposed FRAND royalty.  See Florian Muller’s analysis at http://fosspatents.blogspot.com/2011/10/samsungs-attempt-to-ban-iphone-4s-over.html.


Since Apple has plenty of money to pay a FRAND royalty and would pay such a royalty to the extent that it is owed, it is hard to see what Samsung can gain by these suits, and, of course, if Samsung is found to have breached its FRAND obligations, it has quite a bit to lose.  And if evidence is adduced that Samsung breached its FRAND obligations in an effort to restrain Apple’s ability to compete, the consequences for Samsung could expand from simply losing past royalties to being sanctioned for anti-competitive conduct.

b9bot

I agree with you Nemo. Apple went to Samsung in good faith but Samsung refused. So now they are trying to play a card which was really already used. Apple will definitely bring this out and I’m pretty sure it will go all wrong for Samsung in the end.

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