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

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

Summary: Samsung has lost its court battle for a sales injunction on Apple's iPhone 4S in Italy. But Apple is not entirely out of the woods yet, with many other cases pending.


A court in Milan has rejected Samsung's request for a preliminary sales injunction against Apple's latest smartphone in Italy.

Samsung brought the case in October last year, where the court decided it would seek at least one more hearing before a decision was made, according to FOSS Patents author Florian Mueller.

The patents under dispute relate to wireless WCDMA communications. Samsung turned to the courts again for a sales injunction after it had previously tried to block the sale of the iPhone 4S, within days of Apple announcing the device.

This comes almost a month since a French court rejected Samsung's bid to ban the sale of the iPhone 4S in the country.

The two companies have been locked in a fierce battle over intellectual property and patents, spreading to over 20 cases in 10 different jurisdictions, with no end in sight.

Apple had mostly prevailed in its own suits to which it sought sales injunctions against Samsung's products. But the Korean giant won a rare victory in Australia, after a sales injunction was lifted in the region in November.

However, Samsung has now failed in all of its attempts to impose sales injunctions through legal action in both France and the Netherlands, and now Italy.

But as Mueller notes, Apple is only "slightly more successful" in its requests for injunctions. Should the courts in Germany, Australia and the Netherlands find that the relevant injunctions should not have been imposed in the first place, Apple would be liable for significant damages.

Image source: Apple.


Topics: iPhone, Enterprise Software, Mobility

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

    One of the things your "source" forgets to mention is that Samsung only started to litigate after a systematic attempt to use "patents" about the Apple "inventions" to block the competition for the Apple products.<br><br>I am not sure this is a loss for Samsung, or just a way to make clear that this kind of litigation is the bad way to go and can be dangerous for everybody. Making courts and policymakers more careful, let them think twice before coming out with far reaching verdicts and laws.
  • This further ruling only confirms preliminary injunctions are useless

    and thus might actually provides ammunition against such types of ridiculous actions in the future. Let's not forget who started all this mess in the first place.

    Big business doesn't turn the other cheek when slapped. But only foolish bullies are stupid enough to think they can get away with anything.

    I see this actually as a win for Samsung because:
    1) They tie up Apple on the defensive in court, legally.
    2) They prove they can dish out as well as receive.
    3) In the court of public opinion, they demonstrate Apple ain't so tough nor almighty. They can bleed (as evidenced at the reversal of every Apple won preliminary injunction against Samsung).
    4) When the real full (non-accelerated non-preliminary) lawsuit follows its due diligence course, the illegal use of patented technologies might very well be confirmed against the defendant thus a permanent injunction might result in a game changing situation.
    5) When accused of copying and stealing technology by Apple, it's only fair to fight back with the truth.

    Maybe. Maybe not.

    There was once a poor farmer who could afford to own just one horse. He cared well for the animal, but one summer night it escaped through a fence and ran away.

    When his neighbors discovered what had happened, they visited to offer their condolences. ???What bad luck!??? they exclaimed. The farmer replied ???Maybe, Maybe not.???

    A week later the fugitive horse sauntered back to the homestead, accompanied by six wild horses. The farmer and his son managed to corral them all. Again the neighbors descended. ???What great luck!??? they exclaimed. ???Maybe,??? the farmer replied. ???Maybe not.???

    Soon the farmer???s son began the work of taming the new arrivals. While attempting to ride the roan stallion, he was badly thrown to the ground and half-trampled. His leg was badly broken. The neighbors came to investigate. ???What terrible luck!??? they exclaimed. The farmer replied, ???Maybe. Maybe not.???

    The next day soldiers visited the farmer???s village. Strife had recently broken out between two warlords, and one of them had come to conscript all the local young men. Though every other son was commandeered, the farmer???s boy was exempted because of his injury. The neighbors gathered again. ???What fantastic luck!??? they exclaimed. ???Maybe,??? the farmer said, ???Maybe not.???

    (Source: an old Taoist folk tale)

    The man who strikes first admits that his ideas have given out.
    {Chinese Proverb}[/i]
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