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Samsung seeks sales blocks on iPhone 4S

iPhone 4S

By Stewart Mitchell

Posted on 5 Oct 2011 at 10:54

Samsung has confirmed it's hoping to derail the launch of Apple's iPhone 4S, lodging preliminary injunction motions in France and Italy.

The legal action is the latest in an ongoing patent war between the two companies and marks a change of tactics from Samsung, which has generally been the defendant rather than the claimant in earlier cases. Those cases have lead to a block on sales of its Galaxy range in parts of Europe.

“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 in a blog on its Samsung Tomorrow blog.

Apple has continued to flagrantly violate our intellectual property rights and free ride on our technology

“The infringed technology is essential to the reliable functioning of telecom networks and devices," Samsung said, describing Apple's "violation" as "too severe" and calling for the iPhone 4S to be "barred from sales".

Samsung, which has been accused by Apple of "slavishly" copying its iPhone and iPad designs, said the Cupertino-based company had overstepped the mark in breaching its intellectual property, but the move could be seen as a tit-for-tat response to Apple's similar claims.

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

The company also hinted that the cases in France and Italy may only be the tip of the iceberg, with Samsung threatening “preliminary injunctions in other countries after further review”.

Apple has yet to respond to a request for comment.

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User comments

Here we go again...

... And who's going to lose out ultimately?

Us, the consumer (deep joy).

By mrmmm on 5 Oct 2011

Losers?

Not the lawyers certainly.

They probably can't believe their good fortune.

"Get the Ferrari dealer on the phone Miss Jones, I'll take one in each colour!"

By bronven on 5 Oct 2011

Samsung already had lawyers on speed dial...

Thanks to Apple preferring to litigate instead of innovate. Samsung are just giving them a taste of their own medicine, and I'm glad one company with clout is doing standing up to Apple's arrogance.

By Noghar on 5 Oct 2011

Samsung better hope that their patents don't fall under FRAND

http://en.wikipedia.org/wiki/FRAND

Ultimately this whole tit-for-tat patent dispute is just nonsense and does nobody any favours (except the previously mentioned lawyers).

By james016 on 5 Oct 2011

Money raining from the iClouds!

For the legal profession.

Meanwhile two corporates battle over who invented (sorry patented) using fingers to use a phone with.

Now what we really need is an App to instantly resolve any legal dispute at zero cost. Oh, the sweet justice of it....

By cheysuli on 5 Oct 2011

Samsung did try to settle

Lets not forget that Samsung have tried to come to an agreement with Apple to use their IP. They have also changed the software within their devices to remove potentially infringing effects.

The only reason Samsung have got to do this is because Apple have forced them to. It is entirely Apple's fault that Samsung are attempting to block the sales of the 4S because in the arrogance they refuse to deal with IP as other companies have always done and instead prefer to operate as a bully in the market rather than assisting within innovation through patent sharing and licencing.

By skarlock on 5 Oct 2011

@cheysuli
There is always Aperture Science's Stalemate Resolution Button :)

By james016 on 5 Oct 2011

@ skarlock

Jobs made a personal approach to Samsung in the last 18 months to try and settle the dispute, so your comments are rather off beam.

By kaneclem on 5 Oct 2011

@kaneclem

And you know what reasonable or unreasonable terms Jobs offered in order to settle the dispute? Unless you know this, then him making a personal approach means nothing.

By chapelgarth on 5 Oct 2011

@kaneclem

And you know what reasonable or unreasonable terms Jobs offered in order to settle the dispute? Unless you know this, then him making a personal approach means nothing.

By chapelgarth on 5 Oct 2011

yes

and apple still used used the technology knowing the dispute was not resolved

By delturner1 on 6 Oct 2011

Apple & samsung

It's a good car companies don't argue like these two , they be arguing over who invented the wheel in the stone age

By chrisrobinclarke on 11 Oct 2011

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