Samsung has announced its intent to request preliminary injunction orders against Apple’s iPhone 4S and they are keeping good on that promise by filing two separate motions for preliminary injunctions in Paris and Milan in an attempt to bar sales of the iPhone 4S in France and Italy. Samsung said preliminary injunction requests for a ban on iPhone 4S sales will be filed on Wednesday and each case involves two patent infringements related to its wireless technology and this week Apple rejected an offer from Samsung to settle a tablet computer dispute in Australia, possibly killing off the commercial viability of the new Galaxy tablet in that market………………….
Samsung Electronics said it will file patent-infringement claims in France and Italy to ban the sale of Apple’s new iPhone less than a day after it was unveiled, intensifying a legal battle between the two top brands and it will also file legal cases in other countries to stop the sale of the iPhone 4S after further review, the South Korean maker of Galaxy smartphones and tablets said in a statement. Samsung has emerged as a credible challenger to Apple’s mobile devices and the two companies are battling over patents in courtrooms around the world. The latest salvo from Samsung comes hours after Apple’s newest iPhone launch left investors and Apple fans wishing for more than a souped-up version of its previous device introduced more than a year ago. Samsung said preliminary injunction requests for a ban on iPhone 4S sales will be filed on Wednesday and each case involves two patent infringements related to its wireless technology. Under French and Italian laws, companies can seek and courts can order a ban on sales of a product even before it hits the market. Apple and Samsung are vying for the top spot in the global smartphone market. But the intensifying legal battle with Apple threatens to derail Samsung‘s telecoms and component businesses. Apple is Samsung’s biggest customer, buying mainly chips and displays. According to Samsung’s corporate blog:
Samsung Electronics will file separate preliminary injunction motions in Paris, France and Milano, Italy on October 5 local time requesting the courts block the sale of Apple’s iPhone 4S in the respective markets.
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 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.
Samsung plans to file preliminary injunctions in other countries after further review.