iPhone 4S ban sought by Samsung

[Larry-G]

Samsung wants the iPhone 4S banned in Europe. The Korean company, which makes the Samsung Galaxy S2, has fired off a legal challenge to the newly announced iPhone.

Samsung claims that "Apple has continued to flagrantly violate our intellectual property rights and free ride on our technology". Them's fightin' words!

In the run-up to the Apple announcement, Samsung was poised with a fistful of patents, ready to pounce upon the new iPhone, whatever it turned out to be.

Now that that Apple has announced the iPhone 4S, an upgraded version of the iPhone 4, Samsung has wielded the injunction stick and swung the banhammer down. The two injunction motions have been filed in Paris and Milan today, with more injunctions to follow in other countries "after further review".

The legal challenge is based around Samsung's claim that Apple is using technology for which Sammy owns the patents. Patents are like copyright for inventions, and today's injunctions refer specifically to Wideband Code Division Multiple Access (WCDMA) standards for 3G mobile handsets. Oh, those.

The two companies are locked in knock-down drag-out legal battle, like two giant atomic lizards grappling in mortal mutant combat. Apple claims that Samsung has copied the look and feel of the iPhone and iPad with its Galaxy phones and Galaxy Tab tablets, even down to the packaging and accessories.

Apple managed to get the Galaxy S2 and Galaxy Tab 7.7 banned with similar injunctions, so Samsung is countering with the patent claims.

The iPhone 4S goes on sale in the UK, US and parts of Europe on 14 October.

http://crave.cnet.co.uk/mobiles/iphone-4s-ban-sought-by-samsung-50005508/

 

[Larry-G]

here we go again. apple sue Samsung and get their products banned so Samsung sue apple and try to get their products banned.


looks like this nonsense will continue for some considerable time to come.

 

[Larry-G]

yet more on this story.

Samsung to file for iPhone 4S ban in France and Italy

Samsung has put an end to speculation over whether they would sue Apple to block sales of the iPhone by announcing plans to do just that in France and Italy.
For months Samsung has been engaged in a patent war with Apple. Apple is seeking the ban of Samsung tablets and phones in major markets around the world, including the US, Europe, Japan, South Korea, and Australia.

Initially Samsung didn't seem to take these lawsuits too seriously, possibly considering them a prelude to licensing negotiations. With their Galaxy Tab 10.1 already being banned by a German court and its introduction threatened in Australia, their strategy has shifted from defense to offense.

According to a statement from Samsung (via Reuters):

Apple has continued to flagrantly violate our intellectual property rights and free-ride on our technology. We will steadfastly protect our intellectual property.



Unlike the Apple lawsuits in Europe, which have focused on their Community Design Patent for the iPad, Samsung's lawsuits will focus on patents related to industry standard GSM technology. That will likely mean no injunction will be granted.

Mobile technology is generally covered by FRAND (Free And Non-Discriminatory) licensing once it is adopted by a standards organization. This is intended to prevent just the sort of lawsuits Samsung is filing. In fact, Samsung characterizes their patents as essential technology for mobile communications.

While that doesn't stop them from demanding license fees, it does typically require them to give Apple the chance to obtain the necessary licenses first.

In another case over the patents, in the Netherlands, Apple has argued the license fees are already covered because they buy their GSM chips exclusively from Intel, who already pays the licensing fees. There are also some questions about the license terms with Qualcomm, which seem to specifically exclude use in Apple products, and could violate EU antitrust regulations.

Samsung has countered that Apple is also using unlicensed components from other suppliers, but obscuring this fact from the court.

While one goal of Samsung's lawsuits is clearly to force Apple into a cross-licensing deal and end the challenge to their devices, failing that they may have another motive. Earlier this year a US judge ordered Samsung to hand over samples of several unreleased devices for Apple engineers to examine.

By claiming they are being misled about the hardware in Apple products, Samsung may be hoping to get similar access.

 http://www.afterdawn.com/news/article.cfm/2011/10/05/samsung_to_file_for_iphone_4s_ban_in_france_and_italy