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from the L.A. Times

Samsung wants Apple iPhone 4S sales ban in France, Italy

Screen Shot 2011-10-05 at 8.21.16 AM

Samsung Electronics said Wednesday that it plans to file paperwork with courts in France and Italy to request a preliminary sales ban on Apple Inc.'s iPhone 4S in France and Italy.

The move follows the official announcement of the iPhone 4S on Wednesday, and follows through with comments from Apple's South Korean rival that a suit would be filed as soon as the next iPhone was unveiled.

So, why does Samsung want the iPhone 4S off shelves instead of good old-fashioned competition? Patent infringement, Samsung says. And, of course, it should be noted that patent battles between Apple and Samsung are nothing new. In fact, the two companies locked in patent suits and countersuits in a number of European countries, as well as Japan and Australia.

Thus far, the international patent battle has resulted in preliminary sales injunctions against Samsung's products and not Apple's. The Galaxy Tab 10.1 tablet is under a temporary sales freeze in Australia, there's a temporary sales ban on the Samsung's Galaxy S, Galaxy S II and Ace smartphones in 30 European countries, and another preliminary ban on the Galaxy Tab 10.1 and 7.7 in Germany.

Samsung, it seems, is looking to turn the tide in its patent war with Apple with the release of the 4S.

Also worth keeping in mind among this escalating fight between the two tech giants: they're business partners as well. Samsung, for example, manufactures Apple's A4 and A5 processors found in the iPhone 4, iPhone 4S, iPad 2 and iPod Touch, among other components inside of the i-devices.

From Samsung's corporate blog "Samsung Tomorrow:"

Samsung Electronics will file separate preliminary injunction motions in Paris, France and Milano, Italy, on Oct. 5 local time requesting the courts block the sale of Apple’s iPhone 4S in the respective markets.

Samsung's preliminary injunction requests in France and Italy will each cite two patent infringements related to wireless telecommunications technology, specifically Wideband Code Division Multiple Access (WCDMA) standards for 3G mobile handsets.

The infringed technology is essential to the reliable functioning of telecom networks and devices and Samsung believes that Apple’s violation as being too severe and that the iPhone 4S should be barred from sales.

Apple has continued to flagrantly violate our intellectual property rights and free ride on our technology. We believe it is now necessary to take legal action to protect our innovation.

Samsung plans to file preliminary injunctions in other countries after further review.

RELATED:

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-- Nathan Olivarez-Giles

Twitter.com/nateog

Image: Apple's iPhone 4S. Credit: Apple Inc.

 
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