French court denies Samsung's bid for iPhone 4S sales ban

French court denies Samsung's bid for iPhone 4S sales ban

Summary: Samsung's bid to halt the sales of Apple's iPhone 4S in France has failed. One case down, another case in Italy to go, as the global, on-going patent dispute spreads.


A French court has rejected Samsung's bid to ban the sale of Apple's latest smartphone in the country.

The hearing at the Tribunal de Grande Instance, Paris followed a November 17th hearing, that signalled the Korean smartphone giant would lose its bid to seek a preliminary sales injunction on the device.

Benjamin Ferran with French newspaper Le Figaro tweeted the result of the case this morning.

"L'iPhone 4S n'est pas interdit en France. Samsung débouté", translates to: "The Phone 4S will not be barred in France. Samsung's [legal case] dismissed".

Samsung had claimed that Apple had "flagrantly violated our intellectual property", adding that it will not let the company "free-ride on our technology", the company said in a statement last month.

The Korean company was ordered to reimburse Apple's legal fees of around €100,000 ($134,000). As patent expert Florian Mueller notes, this is likely only a fraction of what Apple spent on its defence in this case.

At the same time as seeking an iPhone 4S sales ban in France, Samsung also sought action from Italy.

A court in Milan is set to hold a second hearing on December 16th to determine whether a similar injunction should be imposed in Italy.

Mueller notes that should the Italian sales injunction bid fail, "the time may come for both Apple and Samsung to realize that you can't win a marathon with a sprint".

The move to ban the iPhone 4S in France and Italy followed after months of conflict between the two smartphone giants, after Apple instigated legal action against Samsung in April.

Since then, the patent spat has spread to over 30 cases in 10 jurisdictions.

Last Friday, Apple's effort to seek a U.S.-wide sales ban against four Samsung products was rejected.

Though the U.S. District Court judge sided with Samsung, it was warned that Apple still may prevail if the case comes to court, and that the company would likely prove that Samsung had infringed Apple-owned patents.


Topics: Hardware, iPhone, Mobility, Samsung, Smartphones

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  • RE: French court denies Samsung's bid for iPhone 4S sales ban

    All the lawyers in these cases are using BlackBerries.
  • I guess racism is okay when it is Apple fanbois being racist

    While I don't condone any racism, why is it that a racist comment here is removed within minutes but the dozens of racist comments on the "Apple is convicted of being an IP thief" blog were left to stand? An entire nation of people were called corrupt just because the Apple nation did not agree with the decision of a Chinese court. A court that found Apple guilty of being an IP thief.<br><br>Oh right. ZDNet tolerates racism as long as it is the Apple nation that is being racist. How sad.
    • RE: French court denies Samsung's bid for iPhone 4S sales ban

      Only a MS fanboy would blindly support a government's every decision when that government has been known to kill millions of it's own people when in threat of losing power. Only an MS fanboy would confuse racism with criticism of a communist government.
      • RE: French court denies Samsung's bid for iPhone 4S sales ban

        @anono Those that cry racist first are usually the racists.

      • Apple was convicted of being an IP thief

        Apple was convicted of being an IP thief in a court of law by a qualified judge. That means Apple is an IP thief. That is the undeniable truth. None of your blathering about anything else can change that.
      • Actually, I wasn't the first to cry racist

        Zombie: there was a whole thread that was deleted because the OP stated his racist opinion about the french people who sided with Apple in this court case. That whole thread was removed as it should have been. Just because you don't agree with a court ruling in a country does not give you the moral justification to slander a whole nation.<br><br>Oh wait. It does. At least on ZDNet and as long as you are slandering a nation that sided against Apple. Then it is okay.
    • RE: French court denies Samsung's bid for iPhone 4S sales ban

      @toddybottom <br>To an MS fanboy, toddybottom's comment makes perfect sense. How dare we call them corrupt just because they killed millions of their own people to stay in power? We in business terms did the same to our competitors through anti-competitive behaivour and there was nothing wrong with that so why should this be wrong?
    • RE: French court denies Samsung's bid for iPhone 4S sales ban

      @toddybottom Because I saw it, and alerted our content moderators immediately. I will allow racism, or any other anti-person comment like that remain on this column.
      • I'm hoping that is a typo in your response

        Regardless, there is a blog full of extremely racist anti-Chinese posts left by people like anono above and other Apple fanbois that ZDNet has done nothing about.

        It is a stain on ZDNet's already heavily stained reputation.
      • RE: French court denies Samsung's bid for iPhone 4S sales ban

        @toddybottom Please send me the links to the post (via the Contact form) and I'll make sure it's top priority. Thanks.