In France and Italy, Samsung seeks a ban on the iPhone 4S.
Apple is accused by Samsung of failing to license patented technology utilized in the iPhone 4S.
An injunction is what Samsung is pursuing to prevent the sale of the new iPhone 4S in both France and Italy.
The allegation is that Apple has used Samsung’s 3G wireless technology, which Samsung invented, without proper compensation.
For months, a patent dispute between the two companies has been ongoing in courts globally.
Temporary embargoes have been successfully obtained by Apple against the products of its competitors in Australia and Germany, with similar rulings being sought in various other nations.
Samsung stated, “Apple has continued to flagrantly violate our intellectual property rights and free ride on our technology, and we will steadfastly protect our intellectual property.”
Florian Mueller, a patent law blogger, cautioned that by seeking an injunction prior to negotiation, Samsung might be acting prematurely.
“Consider the implications if every participant in a standard-setting process could later suspend entire telecommunications networks, even if the alleged infringers are willing to pay a royalty that a court could establish in case of a commercial conflict between the parties,” wrote Mr. Mueller on his Foss Patents site.
The core of Samsung’s claim involves two patents related to Wideband Code Division Multiple Access (WCDMA), which is part of the 3G wireless connectivity in the iPhone.
Due to the essential nature of this technology for modern phones, Samsung is required to license it under Fair, Reasonable, and Non-Discriminatory (FRAND) terms to other manufacturers.
On the other hand, the patents Apple is enforcing against Samsung in Germany, the Netherlands, and Australia pertain to specific innovations that do not have to be licensed—especially those related to its touchscreen user interface.
Additionally, Apple has convincingly argued in court that the design of Samsung’s Galaxy Tab gives a “clear impression of similarity.”
As a result of these actions:
The Galaxy Tab 10.1 is presently prohibited from sale in Germany.
A sales ban on Samsung smartphones is scheduled to take effect in the Netherlands come October.
Samsung has delayed launching its tablet in Australia while the legal proceedings there continue.
