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France to decide on Samsung call for iPhone 4S ban on Dec. 8

updated 08:15 am EST, Fri November 18, 2011

French court to judge if Samsung blocks Apple soon

France's Tribunal de Grande Instance decided Thursday that it would rule on Samsung's request for a local preliminary ban on the iPhone 4S on December 8. Samsung as expected argued that Apple's newer hardware violated its three 3G patents, but faced an increased defense from Apple. The American firm not only claimed Samsung was abusing standards-based patents but pointed to the European Commission's investigation of Samsung, claiming that its attempt to sue across Europe had been "so violent" that the EC had felt compelled to start an inquiry.

Apple went on to also use a familiar defense of patent exhaustion, arguing that licenses were covered by buying the Qualcomm 3G chipset and that Samsung couldn't charge twice. The firm showed its license agreement with Qualcomm at the hearing, although it's not evident whether the court agreed. In a jab at Samsung's using 3G patents only in a countersuit, it noted that the iPhone had technical compatibility with the UMTS portion of the 3G standard since 2007, showing that Samsung hadn't actually been concerned about getting royalties.

"Samsung can't pretend that it discovered this today," an Apple attorney said.

Samsung tried to keep the case direct, arguing that it was "just a problem of royalties." The company confirmed that, like in the Netherlands, it wanted 2.4 percent from each device, but insisted that the rate wouldn't stop Apple from selling iPhones.

While the court's verdict is still uncertain, the tone from the proceedings suggested Apple had a significant chance not just of denying the preliminary ban but possibly having Samsung's complaint dismissed. If so, it would follow a Dutch dismissal and leave the German dispute as one of the few if not only 3G patent claims that ruled against Apple. [via Le Monde and Florian Mueller]




by MacNN Staff

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Comments

  1. ElectroTech

    Joined: Dec 1969

    +9

    Boycott Samsung products

    As we all know, Samsung has been copying Apple iPhones and iPads without shame or recognition of IP. It is time to let these companies who steal product look and feel that we don't think they are honest or fair.

    Boycott Samsung

  1. I_am_John_Doe

    Joined: Dec 1969

    -1

    Laughable

    I wish some humans would have a tiny bit of common sense. If you're boycotting Samsung products, wouldn't that mean you're not getting an iPhone / iPad / iPod touch? Try to find a hole in that statement, otherwise quit whining and let the industry do what's it's been doing sinse the wheel was invented.

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