In summary proceedings before the Paris Court, Samsung has not won the case against Apple in the battle of patents for smartphones. A break?Samsung will not impede the iPhone 4S in France. Apple can blow for the holiday season conducive to business mobility. But it looks like a break ...This Thursday, December 8, the Tribunal de Grande Instance in Paris rejected the request for interim relief from Samsung.Just before Christmas, the high-tech Korean company called for a ban on the sale of the iPhone 4S in France, considering that Apple was operating illegally 3G certain patents it holds.
Not easy to decide quickly because the company Qualcomm plays matchmaker. The U.S. chip designer 3G works both on behalf of Apple (iPhone 4S) and on behalf of Samsung.
According to preliminary information gathered by Le Figaro, a clause in the contract between Samsung Qualcomm is particularly troublesome in the offensive to Apple: "Samsung is committed to not to open infringement proceedings against customers who have integrated components supplied by Qualcomm. "
Therefore, the judge kicked into touch by referring the matter to the bottom.
Nevertheless, the court has doubts about "the alleged infringement."
Samsung would have gone too far against Apple by asking "disproportionately" withdrawal of sales of the iPhone 4S in France.
The Paris Court requires that the Korean company will reimburse the costs advanced by the "Apple brand" to organize his defense in the proceedings initiated against him.
Is a tidy sum of 100,000 euros.
Initially, Samsung accusing the Cupertino company to operate illegally a series of its patents (EP 269, EP 373 and EP 404, in conjunction with UMTS - 3G) in terminals such as Apple iPhone (3G, 3G , 4 and 4S) and the iPad (versions 1 and 2 in 3G).
On October 7, Samsung assigns his rival before the Paris Court and wants to make an impression by asking the prohibition of the manufacture, importation, marketing and even the use of an iPhone 4S in France under penalty of 100,000 euros sold by phone
But in this battle bilateral patent between Samsung and Apple, the use of technology licensing for Qualcomm seems to muddy the waters.
Ties of "coopetition" (halfway between cooperation and competition in the manufacture of high-tech products) between Apple and Samsung will be re-strained.
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