Samsung Sues Apple in France, Italy Looking to Block iPhone 4S Sales
October 5, 2011 8:33 AM
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South Korean phonemaker complains that Apple "flagrantly" stole its intellectual property
In Paris, France and Milan, Italy today, South Korean electronics giant Samsung Electronics Comp., Ltd. (
) will open a new chapter in its legal war [
] with Apple, Inc. (
, the company will file suit looking to block sales of
Apple's new iPhone 4S
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.
Apple has continued to flagrantly violate our intellectual property rights and free ride on our technology. We believe it is now necessary to take legal action to protect our innovation.
Specifically, Samsung accuses Apple of two new patent infringements
on Wideband Code Division Multiple Access (WCDMA) standards
for 3G mobile handsets. W-CDMA is a 3G technology that competes globally with CDMA2000. Some countries heavily use this standard, so Apple's new "global" iPhone is capable of picking up signal from a variety of kinds of networks.
By asking for a preliminary injunction, Samsung is asserting that it believes its evidence of infringement is compelling enough to ban sales while the case goes to trial. This would be a major blow to Apple, who is counting on the iPhone 4S to be a revenue driver.
Samsung adds that it "plans to file preliminary injunctions in other countries after further review."
Elsewhere, Samsung recently received bad news, as well. Its proposal to reallow sales in exchange for a speedy trial was
rejected by Apple
, leaving its tablets still stalled in Australia, pending an official court ruling on the preliminary injunction Apple is requesting in that region.
The pending trade disputes in France and Italy bring the international lawsuit/trade court complaint total for the two firms up to at least 25 lawsuits in 12 different countries.
Apple and Samsung are
currently number one and number two
, respectively, in global smartphone and in global tablet sales. While Apple currently holds the lead, Samsung last quarter posted over
three times the growth
of Apple, making it the world's fastest growing smartphone company.
A reader submitted this humorous comic to us on the topic: "
Rage Comic #14795
This article is over a month old, voting and posting comments is disabled
10/5/2011 9:17:19 AM
Agreed here. A lot of Android loyalists are going to shriek that Apple's surely done for now, but the truth is that Samsung is knowingly misusing standards patents because it has nothing else with which to fight back.
Samsung's also really not helping itself given that it did nothing about asking Apple for cash until Apple sued; you can't claim you have a right to the money but wait years to start asking.
I'm not saying Apple doesn't have its own problems (that iPad design patent in Europe is awfully generic), but at least it's going on claims that aren't standards. Samsung's bringing a knife to a gunfight.
“So far we have not seen a single Android device that does not infringe on our patents." -- Microsoft General Counsel Brad Smith
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