Dutch court rejects Samsung bid to ban Apple products | preview | download



There is more bad news for Samsung in their global patent war against Apple, as a court in the Netherlands last Friday, turned down Samsung's request for an injunction against all Apple mobile products that uses 3G technology. The court dismissed Samsung's claims of patent infringement by Apple, but at the same time rejected Apple's counterclaims in the case.

Reuters reports the Dutch court found that Samsung's 3G patent were part of essential standards which should be open to licenses under FRAND (fair, reasonable and non-discriminatory) and both companies should negotiate an agreement.

Independent intellectual property expert Florian Mueller told Reuters, "A win for Apple but also relief for the industry because the judge upheld widespread FRAND terms in the use of patents". Mueller added, "This makes it a long shot for Samsung that it could win an injunction in the EU based on its 3G patents."

The patent battle has stretch back since April with no end in sight, and the latest blow struck by Apple in Australia, where Samsung's Galaxy Tab 10.1 are temporarily banned. Galaxy products are banned in Germany and the Netherlands as well. Apple has alleged that Samsung's Galaxy line of products 'slavishly' copies its iPhone and iPad.

Samsung themselves have filed patent-infringement claims in France and Italy in order to ban the sale of Apple's latest iPhone 4S.

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