Samsung attempting to block sales of Apple's iPhone 4S in France, Italy

Posted:
in iPhone edited January 2014
Almost immediately after Apple unveiled its new iPhone 4S, rival Samsung announced it will file injunctions in France and Italy requesting that the courts block the sale of the new iPhone.



Samsung announced the moves on the company's official global blog, revealing that separate preliminary injunction filings would be filed Wednesday in Paris, France, and Milano, Italy.



"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," the company said.



It continued: "Apple has continued to flagrantly violate our intellectual property rights and ride free on our technology. We believe it is now necessary to take legal action to protect our innovation."



Wednesday's move comes as no surprise, as reports from last month indicated that Samsung was planning legal action against Apple's next-generation iPhone before the device was even announced. Rumors ahead of Apple's iPhone 4S event suggested Samsung would file suit in Europe against whatever handset was eventually unveiled.



Samsung promised on Wednesday that it intends to file new injunctions against Apple and the iPhone 4S in other, unnamed countries after "further review."



"The infringed technology is essential to the reliable functioning of telecom networks and devices and Samsung believes that Apple's violation as being too severe and that the iPhone 4S should be barred from sales," the company said.







Barring any court in junctions similar to the ones Apple won against Samsung in Australia and Germany, Apple plans to launch its iPhone 4S next Friday, Oct. 14. While Samsung has sought to ban the handset in Italy, that country is not among the launch list of the U.S., Australia, Canada, France, Germany, Japan and the U.K.



Apple has said the iPhone 4S will roll out to 22 more countries by the end of October, including Italy. Other countries on that list are Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, Hungary, Ireland, Latvia, Liechtenstein, Lithuania, Luxembourg, Mexico, Netherlands, Norway, Singapore, Slovakia, Slovenia, Spain, Sweden and Switzerland.
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Comments

  • Reply 1 of 67
    monstrositymonstrosity Posts: 2,234member
    Jokers
  • Reply 2 of 67
    mknoppmknopp Posts: 257member
    Is anyone else getting to the point where they feel that IP is more of a problem than a benefit?



    Seriously, why doesn't Apple just go buy some patents for some required wireless technology (shouldn't be hard as there seems to be about a million different patents on the necessary parts of any wireless device) and then Apple and Samsung can sue and block each other into oblivion.



    This is getting beyond stupid.
  • Reply 3 of 67
    conradjoeconradjoe Posts: 1,887member
    Quote:
    Originally Posted by AppleInsider View Post


    "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," the company said.



    It continued: "Apple has continued to flagrantly violate our intellectual property rights and ride free on our technology. We believe it is now necessary to take legal action to protect our innovation."




    Companies need to protect their valuable IP from copycats. Samsung had no choice.
  • Reply 4 of 67
    irnchrizirnchriz Posts: 1,601member
    Should be fun. Guess Samsung are pissed off that they will no longer be making money supplying as many parts (CPU/FLASH potentially displays) to Apple and won't get an early look at future products to 'inspire' their design team (AKA the bloke in the back office with the carbon paper).



    How does EU law stand on trying to strong-arm a competitor into paying extortionate fees for 'essential' technology standards and won't Apple be covered by Qualcomm who design and manufacture the chipsets.
  • Reply 5 of 67
    gwydiongwydion Posts: 1,083member
    Quote:
    Originally Posted by irnchriz View Post


    How does EU law stand on trying to strong-arm a competitor into paying extortionate fees for 'essential' technology standards and won't Apple be covered by Qualcomm who design and manufacture the chipsets.



    This reminds me something.... Yes, this was said when Nokia sued Apple
  • Reply 6 of 67
    MacProMacPro Posts: 19,251member
    Quote:
    Originally Posted by ConradJoe View Post


    Companies need to protect their valuable IP from copycats. Samsung had no choice.



  • Reply 7 of 67
    addaboxaddabox Posts: 12,660member
    Quote:
    Originally Posted by ConradJoe View Post


    Companies need to protect their valuable IP from copycats. Samsung had no choice.



    Poor Conradjoe. Never known the comfort of a woman's touch, forced to work out his deep sense of inadequacy and rage with listless internet trolling. Wipe the Cheetos dust from your chin and resolve to do better. I know you can!
  • Reply 8 of 67
    Patent law is a joke.



    I say that as an electronics engineer working in semiconductor SoC design. Everyone's product, design and architecture infringes on everyone else's patents. Proving infringement is extremely difficult, as is defending ones IP.



    The only winners are the legal profession.
  • Reply 9 of 67
    walshbjwalshbj Posts: 864member
    Samsung is even copying Apple's legal moves.
  • Reply 10 of 67
    john f.john f. Posts: 108member
    From FOSSPATENTS



    Today's announcement by Samsung states that the petitions to be filed today 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". Very importantly, Samsung's announcement declares those patents to be "essential", which is an incredibly important term in connection with industry standards. If those patents are indeed essential to the standard, then Samsung as a participant in the relevant standard-setting process has an obligation to grant licenses to everyone, including Apple, on FRAND (fair, reasonable and non-discriminatory) terms. Apple already accuses Samsung in other jurisdictions, including but not limited to the U.S., of failing to honor those obligations.



    This is what the FRAND issue comes down to: if those patents are essential, then there are two questions to be analyzed by a court: Does Apple have to pay? And if so, how much can Samsung ask for under a FRAND framework? But an injunction can only be justified if and when Apple refuses to pay a FRAND royalty that it owes in the binding opinion of a court of competent jurisdiction.


    http://fosspatents.blogspot.com/2011...e-4s-over.html



    That's what it is all about. Not just if Apple infringes, but if Samsung is asking fair terms for this 3G patent that is part of a standard.
  • Reply 11 of 67
    xsuxsu Posts: 401member
    Quote:
    Originally Posted by mknopp View Post


    Is anyone else getting to the point where they feel that IP is more of a problem than a benefit?



    Seriously, why doesn't Apple just go buy some patents for some required wireless technology (shouldn't be hard as there seems to be about a million different patents on the necessary parts of any wireless device) and then Apple and Samsung can sue and block each other into oblivion.



    This is getting beyond stupid.



    Patents that are required wireless technology aren't supposed to be used as weapons in a patent lawsuit in the first place. Any patents that's foundation of a standard should be licensed under FRAND principle.



    Samsung threatening to sue Apple over using those patents are just a classless, petulant child type of move.
  • Reply 12 of 67
    gwydiongwydion Posts: 1,083member
    Good old Florian



    Quote:

    From a public interest point of view, that's a much more critical issue than the availability of a few LTE 4G devices during this year's Christmas selling season. There may not be an equivalent in France and Italy to the American concept of an amicus curiae brief, but in order to avoid the impression of being hypocrites, Verizon and T-Mobile should at least voice their concern in public and look for other ways to support Apple's defense against this rampant abuse of standards-related patents.



  • Reply 13 of 67
    gwydiongwydion Posts: 1,083member
    Quote:
    Originally Posted by xsu View Post


    Patents that are required wireless technology aren't supposed to be used as weapons in a patent lawsuit in the first place. Any patents that's foundation of a standard should be licensed under FRAND principle.



    Samsung threatening to sue Apple over using those patents are just a classless, petulant child type of move.



    So Nokia was wrong suing Apple?
  • Reply 14 of 67
    What goes around comes around.



    Maybe Apple could sue Samsung for "slavishly" copying its sue-happy tactics.
  • Reply 15 of 67
    Quote:
    Originally Posted by mknopp View Post


    Is anyone else getting to the point where they feel that IP is more of a problem than a benefit?



    Seriously, why doesn't Apple just go buy some patents for some required wireless technology (shouldn't be hard as there seems to be about a million different patents on the necessary parts of any wireless device) and then Apple and Samsung can sue and block each other into oblivion.



    This is getting beyond stupid.



    With all do respect, this dustup is not about stupidity, it's about the outright thievery of Apple's IP by Samsung, and their refusal to cease and desist.



    That being said, isn't it fun watching Samsung slowly strangle themselves! How absurd that the iPhone 4S infringes on some major Samsung IP. Please!



    In my book, Galaxy phones are the next Zune, soon to be quietly put down, the same way Microsoft did it.
  • Reply 16 of 67
    jragostajragosta Posts: 10,473member
    Quote:
    Originally Posted by ConradJoe View Post


    Companies need to protect their valuable IP from copycats. Samsung had no choice.



    Of course they do. They are claiming that the patents are essential - so they need to be licensed under FRAND. Apple has no problem paying FRAND license fees - see the Nokia settlement where they agreed to pay hundreds of millions of dollars.



    What Apple will NOT agree to is companies trying to use FRAND patents as weapons to attack companies they don't like. That is not permitted under FRAND rules, anyway. So Apple simply wants Samsung to follow FRAND rules.



    Quote:
    Originally Posted by John F. View Post


    From FOSSPATENTS



    Today's announcement by Samsung states that the petitions to be filed today 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". Very importantly, Samsung's announcement declares those patents to be "essential", which is an incredibly important term in connection with industry standards. If those patents are indeed essential to the standard, then Samsung as a participant in the relevant standard-setting process has an obligation to grant licenses to everyone, including Apple, on FRAND (fair, reasonable and non-discriminatory) terms. Apple already accuses Samsung in other jurisdictions, including but not limited to the U.S., of failing to honor those obligations.



    This is what the FRAND issue comes down to: if those patents are essential, then there are two questions to be analyzed by a court: Does Apple have to pay? And if so, how much can Samsung ask for under a FRAND framework? But an injunction can only be justified if and when Apple refuses to pay a FRAND royalty that it owes in the binding opinion of a court of competent jurisdiction.


    http://fosspatents.blogspot.com/2011...e-4s-over.html



    That's what it is all about. Not just if Apple infringes, but if Samsung is asking fair terms for this 3G patent that is part of a standard.



    Exactly. This is exactly like the Nokia case where Nokia tried to use FRAND patent to bludgeon Apple. Apple's response was "we're willing to pay your normal FRAND license fees, but no more". Same thing here.
  • Reply 17 of 67
    gwydiongwydion Posts: 1,083member
    Quote:
    Originally Posted by jragosta View Post


    Exactly. This is exactly like the Nokia case where Nokia tried to use FRAND patent to bludgeon Apple. Apple's response was "we're willing to pay your normal FRAND license fees, but no more". Same thing here.



    If Apple said so, why they didn't wanted that a court to decide what amount they had to pay Nokia and settled out of court? Because they knew that Nokia was in strong positioin than them?
  • Reply 18 of 67
    Quote:
    Originally Posted by addabox View Post


    Poor Conradjoe. Never known the comfort of a woman's touch, forced to work out his deep sense of inadequacy and rage with listless internet trolling. Wipe the Cheetos dust from your chin and resolve to do better. I know you can!



    Your parents must be proud of you also.
  • Reply 19 of 67
    conradjoeconradjoe Posts: 1,887member
    Quote:
    Originally Posted by addabox View Post


    Poor Conradjoe. Never known the comfort of a woman's touch, forced to work out his deep sense of inadequacy and rage with listless internet trolling. Wipe the Cheetos dust from your chin and resolve to do better. I know you can!



    Personal attacks are off-topic in this forum. Please don't make other posters into an object of attack.
  • Reply 20 of 67
    sargessarges Posts: 94member
    I agree, Samsung should demanding Apple instead to release iPhone 5 instead of this fudge of an update cooked up Mr Cook
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