Samsung Sues Apple in France, Italy Looking to Block iPhone 4S Sales
October 5, 2011 8:33 AM
comment(s) - last by
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
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RE: Preliminary Injunction
10/5/2011 11:54:04 AM
Chances are if the judge thinks the case deserves a preliminary injunction then you have a good chance of winning. A judge wouldn't grant one unless there was strong proof the requesting party would win.
RE: Preliminary Injunction
10/5/2011 11:56:27 AM
Also Samsung wouldn't be liable even if they lose, Apple wouldn't be able to go after "damages" they might have earned during the period of the case. It is sort of like saying everything is on hold until the judge rules.
RE: Preliminary Injunction
10/5/2011 12:24:57 PM
In the United States, a preliminary Injunction is usually only granted if there is a likelihood of irreparable harm otherwise.
Irreparable harm is generally not monetary damages, it is loss of life or property. Given the basis for the injunctions granted so far it is clear that the U.S. standard is NOT what is being applied in these cases. In fact, in these cases it would appear that the Preliminary Injunctions themselves may be
"Let's face it, we're not changing the world. We're building a product that helps people buy more crap - and watch porn." -- Seagate CEO Bill Watkins
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