French court to rule on Samsung’s request to ban the iPhone 4S on December 8th

French court to rule on Samsung’s request to ban the iPhone 4S on December 8th
Samsung has asked for injunctions against the new iPhone 4S in several European countries, and they will get an answer fairly soon in at least one of them. A French courtroom has set a date of December 8th to rule on the request. This will not be a ruling on the validity of Samsung’s patent lawsuit, just whether there are sufficient grounds to award Samsung an injunction against Apple for the duration of the legal proceedings.

An injunction would prevent Apple from selling phone until the court could decide on the validity of Samsung’s claims, at which time either Apple would be cleared, or a permanent ban would be placed. A permanent ban could be overcome by either modification of the product to avoid use of the offending patents, or by securing a license agreement with Samsung for the patents in question.

Samsung is also facing several lawsuits by Apple, and presumably wants to be able to negotiate a cross-licensing agreement that would produce a truce in their legal affairs. A preliminary injunction can provide extra leverage in such negotiations, although a company that thinks it can win or avoid the patents may take the initial sales hit. Samsung recently modified its Galaxy Tab 10.1 to comply with a ruling by a German court.

Apple would not be able to easily modify the iPhone 4S, as the patents in question are necessary for 3G connectivity. For this reason, Apple has been invoking a FRAND defense against Samsung; FRAND laws require that companies with patents that enable industry standards must make their patents available to a company at a reasonable cost.

According to patent law observer Florian Mueller the French court appears sympathetic to Apple’s FRAND claims, so he believes Apple has a better than even chance of avoiding an injunction in France.

source: FOSS Patents via electronista

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25 Comments

1. remixfa

Posts: 14605; Member since: Dec 19, 2008

this will either be the beginning of a bunch of falling dominos for apple's defence, or a bolster to it.

3. tacohunter

Posts: 408; Member since: Nov 06, 2011

Nah. Not interested in sued this, sued that.

4. iamcc

Posts: 1319; Member since: Oct 07, 2011

Whaa?

6. tacohunter

Posts: 408; Member since: Nov 06, 2011

Ah yes you are. Are you one of the people that loves samsung tries to ban iphone and hates when apple does it? Not interested in this childlish competition.

12. iamcc

Posts: 1319; Member since: Oct 07, 2011

No, I just didn't understand what you were saying. The reason people hate that Apple is suing is because they started all of this product-ban nonsense. I'm not even going to bother going into details though because you won't listen to anything I have to say. Bottom line is, Apple started this s**t and they deserve whatever lawsuits anyone else decides to throw at them. BTW when people reply saying that Apple is not the first company to have patent lawsuits, I already know that. But they are the first company (at least in recent history) who has no interest in receiving royalties from their patents and instead just wants to stop competition.

14. taco50

Posts: 5506; Member since: Oct 08, 2009

They don't want to stop the competition. They want the competition to innovate instead of copying Apple.

16. remixfa

Posts: 14605; Member since: Dec 19, 2008

same tired lines, same lack of evidence. All evidence points to apple wanting to ban products completely and reduce competition. Notice how they only go after people that take chunks of their pie, like samsung and HTC. I dont see them suing LG or Huai (however its spelled), though they probably all "violate" something with apple. hippocrit. look it up in the dictionary.

19. taco50

Posts: 5506; Member since: Oct 08, 2009

They want to ban infringing products. If they didn't infringe Apple couldn't ban them.

17. iamcc

Posts: 1319; Member since: Oct 07, 2011

Innovate how? How do you innovate on a touch screen phone if it is unable to recognize multiple gestures? taco, the things Apple sues over are CLEARLY form factor. They just happened to get there first. Blah, i'm done with you for today.

20. taco50

Posts: 5506; Member since: Oct 08, 2009

Lots of phone existed before the iPhone without multi touch.

23. taz89

Posts: 2014; Member since: May 03, 2011

are you saying only apple should make multi touch phones...thats like saying who ever made the 1st hd tv should only make hd tv...

22. andro.

Posts: 1999; Member since: Sep 16, 2011

comeuppance is so sweet!

2. jdrevolution

Posts: 87; Member since: Oct 07, 2011

If Apple is needing to go to this FRAND defense thing, where the company does have to supply the patents available for a price, then why didn't they just negotiate pricing to begin with instead of taking all this to court?

11. mukrenol

Posts: 92; Member since: Sep 03, 2011

because apple wants samsung banned yet still want all their supplies so killing two birds in one stone making samsung to stay in their cave and not come out to compete with apple again... the suing.... started with apple... so samsung sues back yet they are considering samsung as anticompetitive.... so... i fully agree with you.. just get the royalties and shut up that's what MS has been doing and they profit greatly while everyone stays happy

5. taco50

Posts: 5506; Member since: Oct 08, 2009

Looking forward to an Apple victory on December 8th. Based on FRAND Samsung has no case. They're already being investigated in Europe for anti competitive behavior.

13. matrix_neo

Posts: 334; Member since: Nov 03, 2011

how about the apple business behavior??? try to read this article in case u forgot it... http://www.reuters.com/article/2011/11/02/us-apple-spain-idUSTRE7A16TZ20111102 As for NT-K, the company from the Valencia region of Spain is demanding compensation from Apple for losses during the ban of its product and is suing the U.S. giant for alleged anticompetitive behavior. Is Samsung alone in this case? Taco wake up!!!!

7. ivanko34

Posts: 617; Member since: Sep 04, 2011

So apple agreed they used Samsung patents without asking...

8. LewsTherin006

Posts: 140; Member since: Nov 18, 2011

maybe the french can actually help win a war for once.

9. ivanko34

Posts: 617; Member since: Sep 04, 2011

France has never won any war in history. They just cooperate with any invaders

10. mukrenol

Posts: 92; Member since: Sep 03, 2011

i will love to see the 4s banned and see apple modify their phone to meet the law before selling that would be what i call revolutionary... hahahhahaha

15. taco50

Posts: 5506; Member since: Oct 08, 2009

Still bitter about Samsung's loss?

18. SlimSoulja86

Posts: 660; Member since: Nov 03, 2011

Just a question taco, do u hav a bed on this site? Man ur always here, defending Apple (from one Apple user to another) u just need to relax man, im sure Apple is capable of defendin itself.

24. taz89

Posts: 2014; Member since: May 03, 2011

surprised apple have not given him a medal yet

25. remixfa

Posts: 14605; Member since: Dec 19, 2008

are you kidding? apple wouldnt want to be seen anywhere near that guy. people like that are bad for business. super trolls scare people away, not help sell.

21. ledbetterp3

Posts: 467; Member since: Aug 31, 2011

Cool, on my birthday... my present?

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