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

Yawn.
Score: 5 Votes (Like | Disagree)
charlituna Avatar
129 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
129 months ago
Good.

That's all I have to say on that one.
Score: 3 Votes (Like | Disagree)
SockRolid Avatar
129 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)
paul4339 Avatar
129 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
129 months ago
All these suings are getting boring, regardless of who is right or wrong.
Score: 1 Votes (Like | Disagree)

Related Stories

studio buds family

Beats Studio Buds Debuting Today With Active Noise Cancellation, Stemless Design, and More for $150

Monday June 14, 2021 8:00 am PDT by
We've seen a lot of teasers about the Beats Studio Buds over the past month since they first showed up in Apple's beta software updates, and today they're finally official. The Beats Studio Buds are available to order today in red, white, and black ahead of a June 24 ship date, and they're priced at $149.99. The Studio Buds are the first Beats-branded earbuds to truly compete with AirPods...
YouTube Picture in Picture Feature

YouTube Premium Subscribers Can Now Use iOS Picture-in-Picture: Here's How

Wednesday August 25, 2021 3:55 am PDT by
Google has rolled out picture-in-picture support as an "experimental" feature for YouTube premium subscribers, allowing them to watch video in a small window when the app is closed. If you're a premium YouTube subscriber looking to try out picture-in-picture, follow these steps: Launch a web browser and sign into your YouTube account at YouTube.com. Navigate to www.youtube.com/new. Scroll...
M1X MBP Feature

Leaker: Upcoming MacBook Pro to See Price Hike Over Current Model, Equal Performance Across 14 and 16-Inch Sizes

Tuesday August 24, 2021 5:28 am PDT by
The upcoming 14-inch MacBook Pro is set to be more expensive than the current 13-inch MacBook Pro and both the 14 and 16-inch models will offer the same performance, according to the leaker known as "Dylandkt." The leaker shared the information on Twitter, explaining that both of the upcoming MacBook Pro models, expected to come in 14 and 16-inch sizes, will feature the same performance due...
youtube apple tv

YouTube Discontinuing 3rd-Generation Apple TV App, AirPlay Still Available

Wednesday February 3, 2021 3:09 pm PST by
YouTube is planning to stop supporting its YouTube app on the third-generation Apple TV models, where YouTube has long been available as a channel option. A 9to5Mac reader received a message about the upcoming app discontinuation, which is set to take place in March.Starting early March, the YouTube app will no longer be available on Apple TV (3rd generation). You can still watch YouTube on...
ryanscoolios13thumbnail

Apple Releases iOS 13.1.3 With Bug Fixes for Phone, Mail, Health, and More

Tuesday October 15, 2019 10:09 am PDT by
Apple today released iOS 13.1.3 and iPadOS 13.1.3, minor updates to the iOS 13.1.2 software that was released two weeks ago. This is the fourth update to the iOS 13 operating system that came out in September. The iOS and iPadOS 13.1.3 updates are available on all eligible devices over-the-air in the Settings app. To access the updates, go to Settings > General > Software Update....
Top Stories 75 Thumbnail

Top Stories: Last-Minute iPhone 13 Rumors, Apple Announces App Store Changes, and More

Saturday September 4, 2021 6:00 am PDT by
The finish line is in sight! Apple's annual iPhone event is likely just a week or so away and all eyes will be on the company as it unveils the next version of its most popular product line. With any luck, we'll also see the next-generation Apple Watch and perhaps even some new AirPods. Other news this week saw Apple making some more changes to its App Store policies in response to a...
affinity designer contour tool

Serif Updates Affinity Photo, Designer, and Publisher With New Tools and Functions

Thursday February 4, 2021 1:58 am PST by
Serif today announced across-the-board updates for its popular suite of Affinity creative apps, including Affinity Photo, Affinity Designer, and the Apple award-winning Affinity Publisher for Mac, all of which were among the first professional creative suites to be optimized for Apple's new M1 chip. "After another year which saw record numbers of people switching to Affinity, it's exciting to...
iPhone 13 Dummy Thumbnail 2

Kuo: iPhone 13 to Feature LEO Satellite Communications to Make Calls and Texts Without Cellular Coverage

Sunday August 29, 2021 7:39 am PDT by
The iPhone 13 will feature low earth orbit (LEO) satellite communication connectivity to allow users to make calls and send messages in areas without 4G or 5G coverage, according to the reliable analyst Ming-Chi Kuo. In a note to investors, seen by MacRumors, Kuo explained that the iPhone 13 lineup will feature hardware that is able to connect to LEO satellites. If enabled with the relevant...
maxresdefault

Craig Federighi and Greg Joswiak Discuss iPadOS 15, macOS Monterey, Privacy, Shortcuts on Mac, and More

Saturday June 12, 2021 6:12 am PDT by
As is tradition, Apple executives Craig Federighi and Greg Joswiak joined Daring Fireball's John Gruber in an episode of The Talk Show to discuss several announcements that Apple made over this weeks WWDC, including iPadOS 15, macOS Monterey, and a large focus around privacy. Federighi kicks off the conversation discussing the common architecture, now thanks to Apple silicon, across all of...
iOS 14 on iPhone feature emergency

Apple Seeds Third Betas of iOS and iPadOS 14.6 to Developers [Update: Public Beta Available]

Monday May 10, 2021 10:13 am PDT by
Apple today seeded the third betas of new iOS and iPadOS 14.6 updates to developers for testing purposes, one week after seeding the second iOS and iPadOS 14.6 updates. iOS and iPadOS 14.6 can be downloaded through the Apple Developer Center or over the air after the proper profile has been installed on an iPhone or iPad. iOS and iPadOS 14.6 appear to be more minor changes focusing on...