Samsung lawsuit targets iPhone 4S with ban

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Samsung plans to ban the just-announced Apple iPhone 4S in France and Italy.

Samsung claims Apple has used a part of Samsung’s-own 3G wireless technology without paying for it.

Samsung will ask the courts for preliminary injunctions in Paris and Milan to be followed by similar actions in other countries yet to be determined, according to patent law blogger Florian Mueller.

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

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

Because the 3G wireless technology patents essential to all smartphones, Samsung is obligated to license them to other manufacturers under the FRAND (Fair, Reasonable, and Non-Discriminatory) terms. Not all of the intellectual property rights under dispute, including those asserted by Apple against Samsung, have to be licensed under FRAND terms though.

“Samsung’s determination to fight hard is admirable. They’re clearly giving Apple a run for the money,” Mueller said.

Apple itself has successfully gotten Samsung's Galaxy Tab 10.1 tablet banned in the Netherlands and Germany and is seeking similar rulings in other countries, such as Australia. This legal war has been going on for months now in courtrooms all around the world.

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