Samsung Loses Motion for Preliminary Injunction Banning iPhone 4S in France - MacRumors
Skip to Content

Samsung Loses Motion for Preliminary Injunction Banning iPhone 4S in France

by

titre tribunal grandeinstance
The Tribunal de Grande Instance de Paris has denied a request by Samsung for a preliminary injunction banning the iPhone 4S in France. The court said the main reason for the rejection was the disproportionate effect that banning sales of the iPhone in the country would have on Apple.

The court also awarded Apple 100,000 euros for legal costs which is far less than what Apple spent on its defense, but still indicates what the French court thought of Samsung's motion.

Florian Mueller, writing about the case:

I attended large parts of the second court hearing, which took place on November 17 and was the final one prior to today's ruling, and predicted that Samsung was going to lose with this bid for a France-wide iPhone 4S ban. It became clear that the legal standard for a preliminary injunction is reasonably high in France, and Apple's lawyers made a number of points that I couldn't verify in their entirety but which appeared strong enough to dissuade the court from ordering a ban.

Next week, a court in Milan, Italy will decide a similar request from Samsung to ban the iPhone 4S in that country.

Top Rated Comments

mattwolfmatt Avatar
193 months ago
Thank you, MR, for putting this under "More" instead of "Front Page".

Yawn.
Score: 5 Votes (Like | Disagree)
charlituna Avatar
193 months ago
Given that Samsung is suing over necessary patents that should be licensed under FRAND and hasn't proven that they sought to get proper and fair license fees only to have Steve and company tell them to go fork themselves, I'm glad that these bans aren't being approved.
Score: 3 Votes (Like | Disagree)
ChazUK Avatar
193 months ago
Good.

That's all I have to say on that one.
Score: 3 Votes (Like | Disagree)
SockRolid Avatar
193 months ago
December 14th: the HTC appeal ruling

I think we all knew that Samsung's request would be denied. Right?

The bigger story is next week's ITC ruling. In July, the International Trade Commission found that HTC had infringed two Apple patents. HTC appealed, and the ITC will announce their ruling on the appeal on the 14th.

Go ahead an yawn. Just remember that the two patents that HTC has been found guilty of infringing are not specific to HTC hardware or any HTC modification of Android. The infringements result from Android's core software architecture. If HTC loses the appeal (and Florian Mueller says that he is almost certain that they will in his FOSS Patents blog), Apple will most likely take the fight to all Android handset and tablet manufacturers. And they could use the HTC ruling as legal precedent to great effect.

The big problem for all the Android handset and tablet manufacturers is that Apple doesn't want to simply collect licensing fees from them. They won't sue just for the revenue stream the way Microsoft did and continues to do. (Microsoft makes more money from Android than Google makes from ads because of Android's violation of Microsoft patents.) No, Apple wants injunctions. And they could very likely get them.

Bad news for HTC. Their share price dropped sharply after the July ITC ruling. Their November revenue was down 30 percent month-to-month and 20 percent year-over-year. And they're the #1 Android handset maker (or at least they were.) Losing the appeal can and will hurt them badly.
Score: 2 Votes (Like | Disagree)
193 months ago
100,000 euros?

I guess it covers a few hours of expenses for Apple's legal team...
Score: 1 Votes (Like | Disagree)
Amazing Iceman Avatar
193 months ago
All these suings are getting boring, regardless of who is right or wrong.
Score: 1 Votes (Like | Disagree)

Popular Stories

iOS 18 Siri Personal Context

Siri AI Settlement Website Now Live: Apple to Pay Some iPhone Owners

Sunday September 20, 2026 7:24 pm PDT by
In May, Apple agreed to pay $250 million to settle a U.S. class action lawsuit over Siri AI's delayed launch, and the settlement website is now live. Apple will pay an estimated $25 per eligible iPhone to eligible customers, who can submit a claim via the settlement website between September 21 and December 21 of this year. The exact payment may be higher or lower than $25 depending on the...
iOS 26 Home Feature

Apple Will Soon Announce an All-New Operating System

Tuesday September 22, 2026 9:19 am PDT by
Apple is developing an all-new operating system that is essentially a mix of tvOS, watchOS, and iOS, according to Bloomberg's Mark Gurman. In his latest Power On newsletter, Gurman reiterated that the operating system will feature a grid of app icons, widgets, and customizable clock faces. The new software platform is intended for Apple's long-rumored smart home hub. With built-in facial...
Mostly Screen iPhone Purple Feature 2027

iPhone 20 Pro Display Sizes Leak Ahead of 2027 Launch

Monday September 21, 2026 4:29 am PDT by
Apple's 20th-anniversary iPhone lineup could feature slightly larger displays than the iPhone 18 Pro models, if a new leak shared on Weibo is accurate. Prolific Chinese leaker Digital Chat Station claims that early iPhone 20 Pro display specifications include a 6.41-inch screen with a resolution of approximately 2,686 × 1,236 pixels, while the iPhone 20 Pro Max is said to have a 6.96-inch...
Latest Stories
Apple Podcasts Subscriptions Will Soon Support Video
Apple Podcasts Subscriptions Will Soon Support Video
21 minutes ago
Apple Watch Ultra 3 Drops to Record Low $599.97 on Amazon
Apple Watch Ultra 3 Drops to Record Low $599.97 on Amazon
33 minutes ago
AT&T Responds to iOS 27's New iPhone Handoff Feature
AT&T Responds to iOS 27's New iPhone Handoff Feature
42 minutes ago
Launch Discounts Arrive for New Mac Mini and Mac Studio, Plus Massive Deal on Samsung's Portable SSD
Launch Discounts Arrive for New Mac Mini and Mac Studio, Plus Massive Deal on Samsung's Portable SSD
54 minutes ago
New iPhone Setting Lets Users Shake Off Motion-Sensing Ads
New iPhone Setting Lets Users Shake Off Motion-Sensing Ads
3 hours ago
Apple Intelligence Taking Up 30GB+ on Some Macs Running macOS 27
Apple Intelligence Taking Up 30GB+ on Some Macs Running macOS 27
4 hours ago
New Mac Mini Has Two Storage Downsides, Including Unremovable SSD
New Mac Mini Has Two Storage Downsides, Including Unremovable SSD
11 hours ago
Apple Card Savings Account's Interest Rate Just Went Up
Apple Card Savings Account's Interest Rate Just Went Up
12 hours ago
Apple Releases First Public Betas of iOS 27.2 and macOS Golden Gate 27.2
Apple Releases First Public Betas of iOS 27.2 and macOS Golden Gate 27.2
16 hours ago
OpenAI's New GPT-6 Sol and Luna Models Bring Astra Improvements to Cheaper Tiers
OpenAI's New GPT-6 Sol and Luna Models Bring Astra Improvements to Cheaper Tiers
18 hours ago
Apple Park Visitor Center Just Lost an Attraction Offered Since 2017
Apple Park Visitor Center Just Lost an Attraction Offered Since 2017
19 hours ago
Shazam App for iPhone Updated With New Icon and iMessage Stickers
Shazam App for iPhone Updated With New Icon and iMessage Stickers
19 hours ago
Anthropic Launches Claude Opus 5.5 With Fable-Level Performance at a Lower Price
Anthropic Launches Claude Opus 5.5 With Fable-Level Performance at a Lower Price
19 hours ago
Apple Releases Firmware Update for Beats 360
Apple Releases Firmware Update for Beats 360
21 hours ago
Beats 360 Pre-Orders Open at Amazon With Cushion Kits on Sale, Plus More Beats Deals
Beats 360 Pre-Orders Open at Amazon With Cushion Kits on Sale, Plus More Beats Deals
21 hours ago
Apple Puts AirTag-Sized AI Pin on Hold
Apple Puts AirTag-Sized AI Pin on Hold
21 hours ago
Beats 360 Ear Cushion Kits Just $9.99 Each Until the End of October
Beats 360 Ear Cushion Kits Just $9.99 Each Until the End of October
22 hours ago
Apple Testing Prototypes of Whoop-Like Screenless Fitness Band
Apple Testing Prototypes of Whoop-Like Screenless Fitness Band
22 hours ago
Apple Will Soon Announce an All-New Operating System
Apple Will Soon Announce an All-New Operating System
22 hours ago
Apple Watch Series 10 vs. Series 12 Buyer's Guide: Should You Upgrade?
Apple Watch Series 10 vs. Series 12 Buyer's Guide: Should You Upgrade?
23 hours ago
Apple's Smart Glasses to Enter a Rapidly Growing Market
Apple's Smart Glasses to Enter a Rapidly Growing Market
23 hours ago
Apple Event This October? These 7 New Products Expected Next Month
Apple Event This October? These 7 New Products Expected Next Month
23 hours ago
Beats 360 Deliver Customizability and a Revamped Over-Ear Headphone Design
Beats 360 Deliver Customizability and a Revamped Over-Ear Headphone Design
1 day ago
Massive Discounts Hit 2026 MacBook Pro, Save Up to $600 on Amazon
Massive Discounts Hit 2026 MacBook Pro, Save Up to $600 on Amazon
1 day ago
Apple Planning to Bring iPhone Duo Display Tech to Pro in 2029
Apple Planning to Bring iPhone Duo Display Tech to Pro in 2029
1 day ago
Apple Announces 'Tap to Pay on iPhone' Availability in 8 More Countries
Apple Announces 'Tap to Pay on iPhone' Availability in 8 More Countries
1 day ago
New Mac Mini and Mac Studio Now Available for Same-Day Pickup at Apple Stores
New Mac Mini and Mac Studio Now Available for Same-Day Pickup at Apple Stores
1 day ago
Apple Still Working on Anti-Snatching Feature That Locks Stolen iPhones
Apple Still Working on Anti-Snatching Feature That Locks Stolen iPhones
1 day ago
Apple Quietly Excludes Older iPhones From New Camera Feature
Apple Quietly Excludes Older iPhones From New Camera Feature
1 day ago
App Switcher Returns in watchOS 27.2 Beta With New Launch Gesture
App Switcher Returns in watchOS 27.2 Beta With New Launch Gesture
1 day ago