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

Yawn.
Score: 5 Votes (Like | Disagree)
charlituna Avatar
138 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
138 months ago
Good.

That's all I have to say on that one.
Score: 3 Votes (Like | Disagree)
SockRolid Avatar
138 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
138 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
138 months ago
All these suings are getting boring, regardless of who is right or wrong.
Score: 1 Votes (Like | Disagree)

Popular Stories

2022 back to school apple

Apple Launches 2022 Back to School Offer: Up to $150 Gift Card With Mac or iPad

Friday June 24, 2022 5:08 am PDT by
Apple today launched its annual "Back to School" promotion for college/university students in the United States and Canada. This year's promotion offers a free Apple gift card with the purchase of an eligible Mac or iPad, rather than free AirPods like last year. Apple is also offering students 20% off AppleCare+ plans during the promotion. Apple is offering a $150 gift card with the purchase ...
airpods pro 2 1

AirPods Pro 2 Said to Feature Upgraded H1 Chip, Find My, Heart Rate Detection, USB-C and More

Friday June 24, 2022 9:48 am PDT by
The next-generation AirPods Pro could come with a long list of new features that include heart rate detection, the ability to function as a hearing aid, and a USB-C port according to a report from 52Audio. The site claims that it has received new information on the AirPods Pro 2, and it has used that information to provide some renders on what the earbuds might look like. Design wise, there...
m1 mac mini screen

Gurman: Apple Planning M2 Pro Mac Mini, New Apple TV With A14 Chip, Revamped HomePod With S8 Chip, and More

Sunday June 26, 2022 6:31 am PDT by
In the latest edition of his Power On newsletter for Bloomberg, Mark Gurman outlined additional M2 Macs on Apple's product roadmap, including new Mac mini models with M2 and M2 Pro chips, new 14-inch and 16-inch MacBook Pro models with M2 Pro and M2 Max chips, and a new Mac Pro tower with M2 Ultra and "M2 Extreme" chips. Following the M2 series of Macs, Gurman said the first M3 series of...
apple ar headset concept 1

Apple Rumored to Announce 'Game-Changer' AR/VR Headset in January 2023

Friday June 24, 2022 2:52 am PDT by
Apple is "likely" to announce its long-rumored mixed-reality headset as soon as January 2023, Apple analyst Ming-Chi Kuo has reiterated. Concept render based on purported leaked information by Ian Zelbo In a detailed post on Medium, Kuo explained that Apple's headset will be a "game-changer" for the augmented-reality and virtual-reality market. Describing some of the headset's...
widgets ios 16 feature

Gurman: iPhone 14 Pro to Feature Always-On Display Showing iOS 16's New Lock Screen Widgets

Sunday June 26, 2022 7:36 am PDT by
iPhone 14 Pro models are widely expected to feature always-on displays that allow users to view glanceable information without having to tap to wake the screen. In the latest edition of his Power On newsletter for Bloomberg, Mark Gurman said the feature will include support for iOS 16's new Lock screen widgets for weather, fitness, and more. "Like the Apple Watch, the iPhone 14 Pro will be...