[Nimation]

Samsung is seeking an injunction to get the new iPhone 4S banned from sale in France and Italy.

It claims that Apple has used 3G wireless technology, which Samsung invented, without paying for it.

A patent war between the companies has been rumbling on for months in courts around the world.

Apple has obtained temporary embargoes on its rivals’ products in Australia and Germany and is seeking similar rulings in several other countries.

In a statement, Samsung said: “Apple has continued to flagrantly violate our intellectual property rights and free ride on our technology, and we will steadfastly protect our intellectual property.”

Patent law blogger Florian Mueller warned that Samsung was putting the cart before the horse by seeking an injunction before negotiating terms.

“Imagine what would happen if every participant in a standard-setting process could later shut down entire telecommunications networks even if the alleged infringers are willing to pay a royalty to be determined, in the event of a commercial disagreement between the parties, by a court of law,” wrote Mr Mueller on his Foss Patents site.

Sales bans
Samsung’s claim centres around two patents covering Wideband Code Division Multiple Access (WCDMA), part of the iPhone’s 3G wireless connectivity.

Because the technology is essential to the functioning of modern phones, Samsung is obliged to license it to other manufacturers under Fair, Reasonable and Non-Discriminatory (FRAND) terms.

Conversely, the patents being enforced by Apple against Samsung in Germany, the Netherlands and Australia relate to specific innovations which it is not obliged to license – primarily around its touchscreen user interface.

It has also successfully argued before the courts that the look and feel of Samsung’s Galaxy Tab gave a “clear impression of similarity.

As a consequence of the actions:

The Galaxy Tab 10.1 is currently banned from sale in Germany.

A ban on sales of Samsung smartphones is due to come into effect in the Netherlands in October.

Samsung has postponed its tablet launch plans in Australia while its legal battle there is ongoing.

Many observers believe that Samsung is walking a fine line between standing-up to Apple and avoiding jeopardising valuable contracts with its occasional foe.

Samsung supplies parts for many of Apple’s devices, including screens for some of its smartphones and tablets. The two companies are said to have agreed a components deal in February worth $7.8bn (£5bn).

Source : BBC News
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It seems after Galaxy series success Samsung got the balls

[japsander]

nothing new, they are always fighting over these things

[Nimation]

Well yeah. They remind me of Microsoft and Sony

[japsander]

apple is the worst culprit and its good to see another company standing up to them

[RandySavage]

Samsung invented 3G? I think that's pretty cool...I learned something

[GregoryRasputin]

I love Samsung <3, someone needs to stand up to the corrupt Apple.

[advocatusdiaboli]

Who cares? My iPhone 1 is still alot better than the 3G one...

[fahadsul3man]

sweet !! i m definitely gonna side with samsung cuz apple sucks big time , the iphone 4s is biggest piece of garbage ever .

[advocatusdiaboli]

My Samsung does not suck less than the iPhone.

[andonevris]

This is just run of the mill patent wars...

Company A claims patent infringement on company B, company B retaliates with patent infringement claim on company A, they settle and the consumers get f***ed covering everyone's royalty payments