French court denies Samsung's bid to ban iPhone 4S


According to Reuters, on Tuesday the first-instance court for all French patent litigation ruled against Samsung's request for a preliminary injunction against the iPhone 4S because the court found that Samsung's arguments against the iPhone 4S, so-called FRAND patents, were exhausted. That means that the South Korean company's use of 3G-essential patents against Apple will see worldwide failure.

"The court furthermore held that Samsung's request for an injunction was "disproportionate" and stated that this fact was apparent, without citing particular reasons for this finding," Reuters says. "Some of what the French ruling says indicates that Samsung's use of 3G-essential patents is going to fail everywhere at least as far as the iPhone 4S is concerned."

The French judge who rejected to issue the ban on Apple’s iPhone 4S made clear that Samsung was mishandling its FRAND obligations, noting that a holder of standards-essential patents is not allowed to capitalize on its "necessarily dominant position." "The French ruling makes it clear that there's every indication that Samsung's patent rights are exhausted and Apple is, therefore, effectively licensed," Reuters writes.

Now Apple and Samsung's global disputes over patent infringements have seen more than 30 filings in at least 12 courts in 9 countries that span over 4 continents. And it seems that the battle is far from the end, because patent cases are complex, and courts prefer not to make such decisions on the fast track.

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Written by Svetlana Osipova

Friday, December 9, 2011. 14:50

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