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Samsung to Seek Ban on iPhone 4S Sales in France and Italy
Samsung Electronics will file separate preliminary injunction motions in Paris, France and Milano, Italy on October 5 local time requesting the courts block the sale of Apple’s iPhone 4S in the respective markets.Samsung notes that it plans to file additional requests in other countries as it reviews the situation. Samsung's efforts are part of an escalating patent dispute between the two companies that has seen Apple win delays in the launch of Samsung's Galaxy Tab device in Australia and Germany.
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.
Today's announcement from Samsung does not cite the specific patents it will accuse the iPhone 4S of infringing upon, but it is likely that they will be patents already being used by Samsung in a Dutch lawsuit against Apple seeking the ban of the iPhone 4, iPhone 3GS, iPad 2, and original iPad.
Apple has argued that those patents are essential enough to the basic operation of 3G wireless technologies that they should be subject to FRAND (fair, reasonable, and non-discriminatory) terms requiring Samsung to license them under reasonable terms. Apple's position is that Samsung has not been offering reasonable terms for the patents, and the two parties have been unable to reach an agreement on their licensing.