Italian Court denies Samsung’s motion for an iPhone 4S injunction

Thu, Oct 27, 2011

Legal, News

In a makeshift legal game of monkey-see monkey-do, Samsung’s response to a multitude of Apple lawsuits alleging patent infringement has been to file countersuits in a number of jurisdictions and seek injunctions against various Apple products.

So far, that plan has been failing spectacularly. Apple, meanwhile, has achieved a few notable legal victories in the Netherlands, Germany, and more recently in Australia where Samsung is currently barred from selling its Galaxy Tab 10.1 tablet.

In keeping up with their week attempts to pressure Apple, Samsung a few weeks back filed a lawsuit against Apple in Italy, amongst other jurisdictions, aiming to block the sale of the iPhone 4S on the grounds that it infringes upon Samsung patents.

And as expected, a court in Milan yesterday ruled against Samsung and voted not to delay the impending launch of the iPhone 4S in Italy currently scheduled to go on sale this coming Friday.

Specifically, Samsung’s complaint focused on two patent infringements related to wireless telecommunications technology, or Wideband Code Division Multiple Access (WCDMA) standards for 3G mobile handsets. “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,” Samsung said.

As we’ve discussed before, the legal position taken by Samsung is legally bankrupt to the extent that they assert patents that belong to established technological standards. Consequently, Samsung is obligated to license out said patents to any and every one on fair and non-discriminatory terms.

So while Samsung’s request for an injunction failed, their ongoing suit remains in play and the Judge in Milan invited both Apple and Samsung to submit more information ahead of a hearing on the matter scheduled for December 16.

via PC Mag


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