Samsung Already Seeking Injunction Against iPhone 4S

[Phillip Swanson]

Apple announced the iPhone 4S yesterday and Samung is already attempting to ban the sale of the device in France and Italy.

Samsung filed requests for a preliminary injunction against the iPhone 4S in both countries over intellectual property infringement today. Samsung’s announcement leaves out any mention of specific patents they’re suing Apple over, but they could be the same patents Samsung is using in a another suit against Apple making its way through the Dutch courts.

Samsung Electronics will file separate preliminary injunction motions in Paris, France and Milano, Italy on October 5 local time requesting the courts block the sale of Apple’s iPhone 4S in the respective markets.

Samsung's preliminary injunction requests in France and Italy will each cite two patent infringements related to wireless telecommunications technology, specifically Wideband Code Division Multiple Access (WCDMA) standards for 3G mobile handsets. - Samsung

Apple will probably use its argument from the Dutch case to attack Samsung’s new lawsuits in Italy and France. Apple has argued the patents Samsung cites in its suits are essential tot he basic operation of 3G communication technologies and should be subject to fair, reasonable, and non-discriminatory terms (FRAND). Under FRAND Samsung can’t ask for an injunction against Apple, but can license the patents to Apple under reasonable terms, which Apple claims Samsung has not extended to them yet.

Samsung’s efforts to earn an injunction against Apple have yet to bare any fruit. Apple on the other hand has won delays against Samsung’s Galaxy Tab in Australia and Germany. Whether or not Samsung can even the score with their 4S lawsuits will play out over the next few months. Don’t expect Apple to sit idly by. Any new device Samsung releases will be subject to Apple’s legal hammer.

Source: MacRumors

[raduga]

Samsung’s efforts to earn an injunction against Apple have yet to bare any fruit.

I'd say they already bare much fruit.

Bear in mind, its not the fruit they hoped to bare
and has little bearing on the bare essentials of the case.

Barring unforeseen barriers, Samsung's barren prospects remain buried.

[creasy425]

(in my best Rodney King voice). "can't we all just get along?"

[GrandMstrBud]

Apple started it so go get them Samsung. Next Google should go after Apple for copying the microphone to text feature and the slide down notification on iOS5.

[Norb]

They are gonna sue because the iPhone 4S looks like one of their Samsung phones, you know... the ones that look just like the iPhone. Samsung is starting to remind me of Psystar for some reason.

Ohh Samsung, I still remember back when you had your own identity...

[GrandMstrBud]

If your Samsung why not? Didn't Apple get the Galaxy 10.1 tablet banned in a few countries? Paybacks are a b*tch Apple. Maybe next time you'll welcome some competition instead of suing anyone who comes up with a comparable device.

[Norb]

If I was Samsung I'd create my own designs...
Paybacks a *****? "Your honor their phone looks like the phone we copied from them!"

[TheDirtyDiddler]

Not only is this ridiculous because Samsung is the one doing the copying, but it's extra ridiculous because there have been almost no design changes since the iPhone 4.

[rlirph]

It is full employment time for all the worldwide IP attorneys.

[Axecaster]

Didn't the LG Prada come before all those other devices?

[unison999]

Not only is this ridiculous because Samsung is the one doing the copying, but it's extra ridiculous because there have been almost no design changes since the iPhone 4.

Did you even read what this article was about? If you did then you should have seen this "Apple has argued the patents Samsung cites in its suits are essential tot he basic operation of 3G communication technologies and should be subject to fair, reasonable, and non-discriminatory terms (FRAND)."
Apple admit fault already!! What the hell are you guys bringing down Samsung for????

It is about the 3G technology Apple is using knowing what Samsung want in order to use it, when lawsuit comes Apple is not paying and the excuse they gave is Samsung want too much.
I fully support Samsung on this, Apple is stealing from Nokia now stealing from Samsung. Samsung should bring out Nokia's lawsuit to show that Apple intentionally infringe on their patents, therefore a higher reward should be given to stop Apple from doing it again to others.

[vantheman169]

I'd say they already bare much fruit.

Bear in mind, its not the fruit they hoped to bare
and has little bearing on the bare essentials of the case.

Barring unforeseen barriers, Samsung's barren prospects remain buried.

Wow we can tell your not an English major thats for sure. WTF are you even talking about.

[trimetfan]

Did you even read what this article was about? If you did then you should have seen this "Apple has argued the patents Samsung cites in its suits are essential tot he basic operation of 3G communication technologies and should be subject to fair, reasonable, and non-discriminatory terms (FRAND)."
Apple admit fault already!! What the hell are you guys bringing down Samsung for????

It is about the 3G technology Apple is using knowing what Samsung want in order to use it, when lawsuit comes Apple is not paying and the excuse they gave is Samsung want too much.
I fully support Samsung on this, Apple is stealing from Nokia now stealing from Samsung. Samsung should bring out Nokia's lawsuit to show that Apple intentionally infringe on their patents, therefore a higher reward should be given to stop Apple from doing it again to others.

I think you forgot to add this: " Under FRAND Samsung can’t ask for an injunction against Apple, but can license the patents to Apple under reasonable terms, which Apple claims Samsung has not extended to them yet"

So I guess Samsung has license the 3G communication technologies to other's or if they have not, how come Samsung is not going after HTC etc...?

[tomlangford001]

If this does happen does that mean we can buy a 4gs and put it on their coutrys ebay for silly money.

[hurd300403]

Wow we can tell your not an English major thats for sure. WTF are you even talking about.

apparently, neither are you. You're means YOU ARE. Your means YOUR.

[vantheman169]

You are right, I am not.

[MetallicaFan1991]

Google should sue for Apple totally copying the pull down notifications thing, that was the one thing Android has and now Apple has copied it.

[Norb]

Google should sue for Apple totally copying the pull down notifications thing, that was the one thing Android has and now Apple has copied it.

RED LETTERS!!! and iPhone sue Android for the entire concept? /RED LETTERS!@!!

[raduga]

RED LETTERS!!! and iPhone sue Android for the entire concept? /RED LETTERS!@!!

And Poseidon should sue both of you for stealing his design.

[unison999]

I think you forgot to add this: " Under FRAND Samsung can’t ask for an injunction against Apple, but can license the patents to Apple under reasonable terms, which Apple claims Samsung has not extended to them yet"

So I guess Samsung has license the 3G communication technologies to other's or if they have not, how come Samsung is not going after HTC etc...?

You can ask for injunction but it does not mean it will happen.
Samsung gave Apple the price to use this technology, or else how would Apple know Samsung wants too much? If Apple did not want to pay the price, then they can go find someone else with the 3G technology and use theirs. But Apple didn't. This is like you and I go to a nice restaurant orders the most expensive food on the menu, when the checks come you complain why it is not same price as Taco Bell's Steak taco. You don't like the price you can re-negotiate but it does not give you the right to use it before terms is established, under that condition Samsung has the right to request injunction against Apple.