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Italy denies Samsung preliminary ban on Apple iPhone 4S

updated 01:30 pm EST, Thu January 5, 2012

Italy shoots down Samsung attempt to ban iPhone 4S

A Milan-based court has denied Samsung's attempt to get a preliminary Italian ban on the iPhone 4S. Most details are currently unknown. The denial doesn't exonerate Apple but will likely let it keep the iPhone 4S on sale until its replacement arrives.

The reasons may be the same as those behind the denied French ban. At the time, the Paris court sided enough with Apple's definition of patent exhaustion, where Qualcomm had been the one to pay Samsung for a 3G patent license and that Samsung couldn't double-charge by asking Apple for a separate royalty.

While Apple has been facing some setbacks in getting bans upheld and scheduling trials the way it would like, the denial returns it to a form that has mostly favored Apple's interpretation of events. Samsung's counter-suits have been based almost exclusively on 3G and so far haven't successfully convinced courts to grant bans early on.

Samsung hasn't commented on the latest verdict, but it has so far insisted on pursuing cases both to keep pressure on Apple and out of "pride" in its work. [via Florian Mueller]

by MacNN Staff



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