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