News regarding the Apple vs. Samsung case is all over the place – from copy-cat Samsung suing Apple and Apple and vice-a-versa. Recently, Apple has been looking to ban sales of the revised Samsung Galaxy Tab 10.1 N. In addition, there is also a lawsuit between Apple and Motorola happening right now too. Today, more news about a particular lawsuit between Apple and Samsung has been revealed.
A French patent litigation has rejected Samsung’s attempt to ban the iPhone 4S, because ya’ know, Samsung is totally not copying Apple. Apparently, Samsung claims that the iPhone 4S may be infringing a few key 3G patents, which may cause Apple to see a world wide failure. This decision is a huge blow to Samsung’s patent arguments, according to Florian Mueller’s FOSS Patents.
The the ruling implies that the basis for Samsung’s arguments against the iPhone 4S, so-called FRAND patents, have been exhausted. Apparently, these fair, reasonable and non-discriminatory (FRAND) patents have been a part of Samsung’s cases worldwide. Originally, Samsung licensed the industry-essential patents to Qualcomm, which supplies the baseband chip in the iPhone 4S, but claims it terminated the agreement with regards to Apple’s use of the intellectual property.
Samsung’s litigation strategy has also been under investigation by the European Commission to determine whether it violates anti-competition laws.