Samsung seeks sales ban on new iPhone

Oct 05, 2011
South Korea's Samsung Electronics said Wednesday it will seek a ban in France and Italy on sales of Apple's latest iPhone, in the latest round of its legal battle with the US technology giant.

South Korea's Samsung Electronics said Wednesday it would seek a ban in France and Italy on sales of Apple's newly released iPhone, in the latest round of its legal battle with the US technology giant.

A spokesman for Samsung warned that it was taking "an aggressive stance" toward Apple as the computer giants' row over copyright infringements took a new twist.

Samsung said in a separate statement it would file preliminary injunctions in the two countries to ban sales of the iPhone 4S, citing what it called two patent infringements regarding mobile technology.

The company said it would also file preliminary injunctions in other countries "after further review".

The move came a day after Apple unveiled its iPhone 4S, which will be available in the US, Australia, Canada, France, Germany, Japan and Britain on October 14 and in another 22 countries including Italy from October 28.

"Apple has continued to flagrantly violate our intellectual property rights and free-ride on our technology, and we will steadfastly protect our intellectual property," Samsung said.

Samsung, the world's number two mobile phone maker, claimed the US firm infringed its technology patents on wideband code division multiple access (WCDMA) standards for 3G mobile handsets.

WCDMA is a mobile communications system which enables the continued support of voice, text, data and multimedia services.

Samsung said the infringed technology was essential to the reliable functioning of telecom networks and devices and described Apple's alleged violation as "too severe".

The two firms are already at loggerheads in a series of patent lawsuits over the technology and design of smartphones and tablet computers.

Samsung had been cautious in countering Apple's push because the US firm is a major customer for its chips and display screens, but the South Korean firm will become more aggressive from now on, the spokesman said on condition of anonymity.

The spokesman said earlier that Samsung was "virtually going into an all-out war" with Apple, but he later revised his comment and said: "We are virtually going into an aggressive stance."

The battle began in April in the United States when Apple accused Samsung of "slavishly" copying its market-leading iPhone and iPad.

Apple has since sought a ban on sales of Samsung's Galaxy S and Galaxy Tab in Germany, Australia and other countries, prompting Samsung to file counter-suits.

Apple won a crucial battle with Samsung in Germany last month when a court ruled the Galaxy Tab had copied the iPad, and banned it from sale in that country.

But Samsung filed counter-complaints in France, vowing to defend its presence in Europe.

The iPhone 4S is a slick, improved version of the previous iPhone, with a speedier processor, a "personal assistant" that responds to voice commands and a more powerful camera.

But it is not the revamped next-generation iPhone 5 smartphone many had hoped for.

Analysts in Seoul said some disappointment over the new model may ease concerns for South Korean competitors such as Samsung and LG Electronics.

"Overall, it was upgraded, but nothing much has been significantly innovated," Kiwoom Securities said in a report.

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User comments : 8

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gmurphy
2.3 / 5 (3) Oct 05, 2011
Samsung is losing this bitch fight badly, they need to cut their losses and regroup.
Norezar
1 / 5 (1) Oct 05, 2011
As little as I care for Apple it sounds as if Samsung is just on a money grab. So screw them, and the shoddy electronic horse they rode in on.
CreepyD
1 / 5 (2) Oct 05, 2011
If it's that essential, don't all smart phones already use it? Why is the 4GS any different and infringing more than others? Just looking at it in simple terms.
Nanobanano
5 / 5 (1) Oct 05, 2011
Yeah, copyright and patent infringement is a joke when you're talking about something as basic and fundamental as a binary computer.

This is as absurd as a patent suit over an Abacus, because at the end of the day, a computer, including a hand held computer, is nothing more than a basic counting machine.

Patenting or monopolizing an idealized algorithm or in this case just a basic "concept" is completely ridiculous.

An ideal machine designed to run an ideal algorithm is very likely to look exactly or almost exactly the same, regardless of who makes it.

Smartphones are representative of convergent technology, made by different companies operating within the same basic parameters and of course the same laws of physics, so they will naturally be almost identical, with the exception of a few superficial things or a few add-on components, again, regardless of who makes them.
Nanobanano
5 / 5 (1) Oct 05, 2011
If you tell ten computer programmers to make the simplest, optimized sort algorithm for a certain data set, the only difference you will find is likely to be the arbitrary names of the variables they choose.

Why should anyone have a monopoly on a deterministic algorithm, or a deterministic schematic? Since the intended functions of an "idealized" computer determine it's design, it's components and technology is "deterministic" within the laws of physics. Give two teams long enough, and both of them will eventually come up with the ideal technology, and it will be identical, or will be two machines or algorithms that can be shown to give identical results for identical energy and time costs.

Because there is a "best possible design" for any machine or algorithm, whether or now we know the best at the moment, all technology in the same class made by competitors in the same fields, if idealized and not wasting components, will converge to the same designs..
Nanobanano
5 / 5 (1) Oct 05, 2011
The notion of giving one company a monopoly over "smart phones" is absurd, because the concept is at least as old as Star Trek and Star Wars, if not older than that.

Moreover, since they essentially interpret the patent laws as the entire concept, not even specific implementation, it basicly makes it impossible for another company to make a "better" smart phone (legally) even if they have discovered a better technology or a better design..., because Apple patented "flat, hand held electronic device with rounded edges" in Germany, and ridiculous and all encompassing as that is, it was upheld by the courts...
tigger
3.7 / 5 (3) Oct 05, 2011
It was always going to come to this... perpetual growth on a finite planet.

Oh wait, wrong story... sorry... carry on, iPhone V's Samsung is it?
krundoloss
1 / 5 (1) Oct 05, 2011
This stuff is getting rediculous. If something works, people are going to build it. Patents need to be for very specific things, not generalized ideas. I also agree with Nanobanano, pushing towards the goal of the most powerful, most efficient and function mobile devices, evidebly leads to similar if not identical solutions. Example: touchscreens, wireless, light and powerful batteries, etc.

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