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Samsung To Seek iPhone 4S Ban In Italy, France

Samsung Iphone 4s Ban

First Posted: 10/05/11 12:22 PM ET Updated: 12/05/11 05:12 AM ET

SEOUL (Reuters) - Samsung Electronics said it will file patent-infringement claims in France and Italy to ban the sale of Apple's new iPhone less than a day after it was unveiled, intensifying a legal battle between the two top brands.

It will also file legal cases in other countries to stop the sale of the iPhone 4S after further review, the South Korean maker of Galaxy smartphones and tablets said in a statement.

Samsung has emerged as a credible challenger to Apple's mobile devices and the two companies are battling over patents in courtrooms around the world. They have sued each other in 10 countries involving more than 20 cases since April.

The latest salvo from Samsung comes hours after Apple's newest iPhone launch left investors and Apple fans wishing for more than a souped-up version of its previous device introduced more than a year ago. Apple shares fell as much as 5 percent before recovering to close down 0.6 percent on Tuesday.

"Apple has continued to flagrantly violate our intellectual property rights and free-ride on our technology," the South Korean firm said in a statement. "We will steadfastly protect our intellectual property."

Samsung said preliminary injunction requests for a ban on iPhone 4S sales will be filed on Wednesday and each case involves two patent infringements related to its wireless technology.

Under French and Italian laws, companies can seek and courts can order a ban on sales of a product even before it hits the market, Samsung spokesman James Chung told Reuters.

Apple and Samsung are vying for the top spot in the global smartphone market.

But the intensifying legal battle with Apple threatens to derail Samsung's telecoms and component businesses. Apple is Samsung's biggest customer, buying mainly chips and displays.

On Tuesday, Apple rejected an offer from Samsung to settle a tablet computer dispute in Australia, possibly killing off the commercial viability of the new Galaxy tablet in that market.

Samsung is set to report sharply lower quarterly earnings on Friday on persistent declines in chip prices, while investors look for signs its telecom business can sustain its booming growth.

LEGAL BATTLE

Samsung's intensifying attack comes after a series of setbacks in Europe and Australia.

Apple and Samsung are due to meet again in courtrooms in the United States, the Netherlands and South Korea next week.

Apple says Samsung's Galaxy line of mobile phones and tablets "slavishly" copied its iPhone and iPad.

Samsung, widely expected to overtake Apple as the world's No.1 smartphone vendor in unit terms in the third quarter, rejects the claims.

Samsung accused Apple of not paying licensing fees for some of its patents before it started selling iPhones in 2007. Apple argues Samsung never demanded a license fee until 2010 and before that Samsung remained silent because Apple is an important customer.

The iPhone 4S adds to Apple's iPhone 3G, 3GS, iPhone 4 and iPad 2 products that Samsung claims infringed its wireless-technology patents.

Samsung's latest Galaxy tablets, powered by Google's Android operating system, have already been blocked in Germany. So too have some smartphone models in the Netherlands.

Shares in Samsung closed up 1.7 percent on Wednesday after the new iPhone failed to wow fans and investors, leaving Android rivals better placed to grab market share.

(Reporting by Miyoung Kim; Editing by Vinu Pilakkott)

Copyright 2011 Thomson Reuters. Click for Restrictions

13 THINGS YOU NEED TO KNOW BOUT THE iPHONE 4S:

  • Virtual Assistant

    Apple debuted the <a href="http://www.huffingtonpost.com/2011/10/04/siri-apple-iphone-4s-voice-personal-assistant_n_994605.html?1317758678" target="_hplink">Siri virtual assistant</a>, a voice-controlled interface designed exclusively for the iPhone 4S. Siri lets the user schedule calendar events and reminders, set alarms, find information about local businesses--just by asking. The hands-free system even talks back to you. <a href="http://twitter.com/#!/nickbilton/status/121288597952405504" target="_hplink">The New York Times's Nick Bilton</a> notes that it sounds like "A female Hal who had too many vodka tonics at the bar." <a href="http://techcrunch.com/2011/10/04/apple-reveals-siri-voice-interface-the-intelligent-assistant/" target="_hplink">According to TechCrunch</a>, "Siri will be a beta for the time being, as it only supports English, German, and French voice input, but there are more language add-ons and tweaks to come." <em>Image courtesy of Getty.</em>

  • Faster Processor

    The iPhone 4S is built around Apple's dual-core A5 processor, which also powers the iPad 2. <a href="http://www.apple.com/pr/library/2011/10/04Apple-Launches-iPhone-4S-iOS-5-iCloud.html" target="_hplink">Apple claims that this new chip</a> "delivers up to twice the processing power and up to seven times faster graphics than iPhone 4." <em>Image courtesy of the AP.</em>

  • Better Download Speeds

    Although the new iPhone isn't a 4G device, Apple claims that it can rival high-speed devices. <a href="http://gizmodo.com/5846504/" target="_hplink">Writes Gizmodo</a>, "the new iPhone 4S runs on faster HSPA+ networks. That means that your telephone will download stuff faster from the Internet. Before it was up to 7.2 Megabits-per-second downloads." <em>Image courtesy of Getty.</em>

  • New Operating System

    Right out of the box, the new iPhone will run Apple's upgraded operating system, iOS 5. Apple says the new OS introduces over 200 new features, such as push notifications to all mobile devices, wireless upgrades, improved mobile browsing via Apple's Safari app, location-aware reminders, a webcam shortcut that's accessible from the lock screen, the ability to edit photos and many others. <em>Image courtesy of Getty.</em>

  • More Carrier Choices

    In addition to availability through AT&T and Verizon, the iPhone 4S will be offered by a new carrier: Sprint. "[T]he specs for Sprint's version perfectly match the Verizon model -- both have an EVDO radio for 3G within the US, and a GSM one for service outside the country," <a href="http://www.engadget.com/2011/10/04/sprint-iphone-officially-announced-on-sale-october-14/" target="_hplink">Engadget writes</a>. <em>Image courtesy of Getty.</em>

  • 'World Phone'

    Apple's latest iPhone is a "world phone," which means users can use it to place calls and surf the web on different networks, an ideal feature for jet-setters and one that previous iPhones didn't offer. <a href="http://www.apple.com/pr/library/2011/10/04Apple-Launches-iPhone-4S-iOS-5-iCloud.html" target="_hplink">From Apple's official press release:</a> <blockquote>Improving on the innovative stainless steel external, dual-antenna design of iPhone 4, iPhone 4S is the first phone to intelligently switch between two antennas to send and receive. iPhone 4S now supports twice the download speed with HSDPA of up to 14.4 Mbps and iPhone 4S is a world phone, so both CDMA and GSM customers can now roam internationally on GSM networks.</blockquote> <em>Image courtesy of Getty.</em>

  • Pricing

    In the United States, customers can pick up a 16GB iPhone 4S for $199, a 32GB model for $299 and a beefy 64GB model for $399. <em>Image courtesy of Getty.</em>

  • Availability

    <a href="http://www.apple.com/pr/library/2011/10/04Apple-Launches-iPhone-4S-iOS-5-iCloud.html" target="_hplink">Pre-orders for the iPhone 4S begin on October 7</a>. The device will hit shelves in the U.S. on October 14. Consumers around the world will have to wait until December 2011, when the handset will make its way to Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Mexico, Netherlands, Norway, Singapore, Slovakia, Slovenia, Spain, Sweden and Switzerland, <a href="http://www.apple.com/pr/library/2011/10/04Apple-Launches-iPhone-4S-iOS-5-iCloud.html" target="_hplink">according to Apple</a>. <em>Image courtesy of the AP.</em>

  • Longer Battery Life

    Apple promises that the faster A5 processor won't degrade battery life but will actually allow the iPhone 4S to use energy more efficiently than the iPhone 4. Indeed, the company promises up to 8 hours of battery life when placing calls via 3G. "If you set your phone to 2G, you will get 14 hours of talk time," <a href="http://gizmodo.com/5846504/" target="_hplink">writes Gizmodo</a>. "3G web browsing will give you six hours of battery life, while Wi-Fi access runs up to nine hours." <em>Image courtesy of the AP.</em>

  • Stronger Camera

    The new iPhone also comes with a camera upgrade. The device's rear-facing webcam has been bumped up from 5 megapixels up to 8 megapixels and will offer 1080p HD video recording. Images captured on the iPhone 4S will feature over 60 percent more pixels than on the previous handset, <a href="http://venturebeat.com/2011/10/04/apple-roundup-apple-throws-the-press-for-a-loop-with-iphone-4s-but-no-iphone-5/" target="_hplink">that's a resolution of 3264 x 2448</a>. <em>Image courtesy of Getty.</em>

  • Airplay Mirroring

    A feature of iOS 5, <a href="http://www.gottabemobile.com/2011/10/04/airplay-mirroring-comes-to-iphone-4s/" target="_hplink">Airplay Mirroring</a> allows the iPhone sync wirelessly to an Apple TV, letting the user watch videos or view photos from their phone on the big screen. <em>Images courtesy of Getty.</em>

  • Familiar Dimensions

    The new iPhone looks just like its predecessor, <a href="http://www.apple.com/iphone/specs.html" target="_hplink">measuring</a> 4.5 inches high, 2.31 wide and 0.37 inches thick, <a href="http://www.apple.com/iphone/specs.html" target="_hplink">according to Apple's measurements</a>. The 4S will weigh 4.9 ounces, just a hair heavier than its predecessor, which weighed 4.8 ounces. <em>Image courtesy of Getty.</em>

  • Color Options

    The new iPhone will be available in white as well as black. <em>Image courtesy of the AP.</em>

WATCH RELATED VIDEO:

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SEOUL (Reuters) - Samsung Electronics said it will file patent-infringement claims in France and Italy to ban the sale of Apple's new iPhone less than a day after it was unveiled, intensifying a l...
SEOUL (Reuters) - Samsung Electronics said it will file patent-infringement claims in France and Italy to ban the sale of Apple's new iPhone less than a day after it was unveiled, intensifying a l...
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08:43 AM on 10/06/2011
Go Samsung. The way that Apple have tried to retain market share through the courts rather than on product innovation is truly despicable.

The consumer is the real victim in this series of lawsuits. Samsung have offered the olive branch in Australia, only for Apple to show total disdain for everybody that believes in freedom of choice, and choose to carry on the legal wrangling.

Apple must take the consumer for total idiots believing we would mistake a Galaxy device for an iPhone/iPad based on shape and an OS menu. I'm hoping for a Samsung win to make Apple finally see sense, and realise there is a "room for both" of these device families in the market. People will make up their own minds, so stop trying to force your products on us!
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HUFFPOST SUPER USER
v650
05:12 PM on 10/05/2011
Its obvious that Apple has to much and needs to spread the technological money around. How dare they make money when Samsung has to suffer, good thing the government is there to make sure they pay their fair share.
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HUFFPOST SUPER USER
Peter Paul Hoffman
04:49 PM on 10/05/2011
Of course Samsung's Windows Mobile 7 phones will over take the IPhone..Nokia's Window's 7 mobile device due to be released next month will also give the IPhone a run for it's money as well ..Why else would Apple blitz the press about an upgrade to an already decadent device if it were not for the overwhelming competition that is about to emerge and make the Iphone the mediocre Phones they are? Apple wants to cash in on it's last moments of being the so called "top phone'...
04:47 PM on 10/05/2011
Apple should get over the 4S as soon as possible to move on and release the iPhone 5.
Not unveiling the iPhone 5, after creating this kind of buzz is the biggest mistake they could have make and will not add to the popularity of their new "messiahs" (which name I forgot)
http://www.knewthenews.com/Market/10470/Will+Samsung+succeed+in+banning+the+iPhone+4S
04:26 PM on 10/05/2011
Haters they just do not like it when Americans make something their people want.
04:36 PM on 10/05/2011
Samsung manufacturers more in America than Apple
Samsung Austin Semiconductor - Austin, Texas (Austin, Texas Area) ... and is the company's only semiconductor manufacturing plant located outside Korea
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Almondo
Agnostic Realist Tradevknaught
04:40 PM on 10/05/2011
Apple whines when others infringe on them but you think they should be allowed to infringe on others?

People like you and the unNinja are the reason I will never, ever buy another Apphole product.
03:40 PM on 10/05/2011
What are the patents and how are they supposedly violating them. This article says nothing.
03:55 PM on 10/05/2011
Today's announcement by Samsung states that the petitions to be filed today in France and Italy "will each cite two patent infringements related to wireless telecommunications technology, specifically Wideband Code Division Multiple Access (WCDMA) standards for 3G mobile handsets".
04:11 PM on 10/05/2011
That's a title. What is the specific violation? I'm just curious what Apple did that was too close to a patent filed by Samsung.
HUFFPOST SUPER USER
edejan
02:59 PM on 10/05/2011
Well, I'm not into "smart phones" yet but I know from experience that other things Samsung manufactures are GARBAGE and crap out THE DAY AFTER THE WARRANTY ENDS. So when I do buy a smart phone, it won't be made by Samsung.
05:29 PM on 10/05/2011
"Apple is Samsung's biggest customer, buying mainly chips and displays."

If you buy an iPhone its main parts are manufactured by Samsung. go figure.
07:31 PM on 10/05/2011
If you slap an Apple logo on it it becomes hip and cool.
Nightangle
NPA - no party affiliation
09:08 PM on 10/05/2011
What other products are you referring to ?
HUFFPOST SUPER USER
barneylee
02:46 PM on 10/05/2011
This is what I see. A couple on a date and sit down for dinner. They put down on the table their iphones. The iphones AI apps start talking to each other and they now have a nice four way conversation. Gentle people, that's the way it will go. Have fun.
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gwinegarden
She's an Arctic Wolf
02:39 PM on 10/05/2011
What's that old expression? "Turnabout is fair play".
03:03 PM on 10/05/2011
Bingo
runintherain
Wealth only equals success to the greedy!
02:34 PM on 10/05/2011
I hope they kill each other.

We need less smart phones and more smart people!
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HUFFPOST SUPER USER
FairNuff
02:11 PM on 10/05/2011
I would bet that Samsung needs Apple as a customer a lot more than Apple needs Samsung to produce components.

Apple could go to any other component manufacturer in the world, and they'd be jumping for joy to gain the most successful technology company in the world as a new customer.

Samsung can't just go out and find themselves a new smartphone manufacturer that sells millions of phones per year.

Samsung is shooting themselves in the foot.
02:16 PM on 10/05/2011
It's probably why Samsung are countering now, Apple have tried to get others and no-one else is able to keep up with production and quality. I'm sure Apple would love to find other suppliers, but they're stuck with Samsung for the time being.
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HUFFPOST SUPER USER
FairNuff
02:18 PM on 10/05/2011
Where did you hear this?
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HUFFPOST SUPER USER
Mydian01
two by two, hands of blue.
02:20 PM on 10/05/2011
documentation, i have read nothing to come to such a conclusion.
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HUFFPOST SUPER USER
No Yards
I never said most of the things I said.
02:17 PM on 10/05/2011
First, Samsung can sell its own smartphone ... scheduled to soon pass Apple as the #1 smart phone manufacturer.

Second, Samsung is a giant in other areas besides just smart phones ... completely wiping out their smartphone sales would hurt them, but certainly not enough to kill them, so losing Apple is not going to much more than a blip.
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HUFFPOST SUPER USER
FairNuff
02:27 PM on 10/05/2011
I disagree that it's not going to be much more than a blip. I mean, I understand your dislike for Apple (from what I'm reading that you've posted), but it's impractical to state that losing Apple as a customer will be nothing but a blip. Losing millions of dollars in revenue is, as most people would agree, vastly more than a simple blip in your quarterly predictions.

And nobody said losing Apple as a customer would kill Samsung.
02:07 PM on 10/05/2011
Patent law needs an overhaul. Again. Or still. Depends on how you look at it.
05:33 PM on 10/05/2011
They just revamped patent law a week ago.
05:40 PM on 10/05/2011
Yup, which is why I put in that last bit about "Again or Still".

Some do not believe the recent revamp is worth calling a revamp.
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HUFFPOST SUPER USER
PSoolside
Angry but tanned.
02:07 PM on 10/05/2011
Samsung regularly overstates the stats of it's products. When it comes to televisions they out right lie using terms like "LED" television when technically they don't apply to the products. There's a reason they aren't allowed to use that terminology in Great Britain as it's a false representation of the product. How many American's buy Samsung TV's thinking they are getting a true LED backlight TV instead of the LCD LED sidelight TV they are really getting? There is a huge difference in quality and price. I've no reason to think they have found honesty when it comes to tablets and smart phones.
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HUFFPOST SUPER USER
No Yards
I never said most of the things I said.
02:37 PM on 10/05/2011
backlight and sidelight LED TV as both lit by LEDs.

Sidelights allow for thinner TVs with some disadvantage in picture quality (but most people will never notice the difference.)

These days most LED TV are sidelight ... glad to see the UK is making the manufacturers state clearly which type of TV they are selling, but I don't think this is a specific knock against Samsung ... if Apple started selling TVs I'm pretty sure they would be really thin LED type TVs, and I'm also pretty sure they wouldn't be bragging that they were "sidelight" rather than true "backlight".
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HUFFPOST COMMUNITY MODERATOR
J0E1
Phil Hill 2012
04:43 PM on 10/05/2011
There are VERY FEW true LED backlit LCD tvs out there.  EVERY manufacturer calls LED side lit TV's LED because they ARE lit by LEDs.  Do you even know the difference between LED and LCD? All "LED TVs" are LCD no matter how the LEDs are arranged (side or back).
This user has chosen to opt out of the Badges program
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02:03 PM on 10/05/2011
Good Lord, how does HuffPo continue to call Samsung -- the world's biggest phone manufacturer and one of its largest electronics companies -- "Apple rival"?! Unbelievable. It's like they assume you've already taken Apple's side. Let's see some Apple-related stories start with something like "Samsung rival releases slightly upgraded phone..." and see how that goes over.
02:16 PM on 10/05/2011
Thats what I was thinking. Whats Huff post have against Samsung last week it was "Samsungs no giant like Apple". I dont think the writers do enough homework before they post
02:36 PM on 10/05/2011
I'm with you on this one... but HuffPost caters to a largely american / pro-apple market so it's largely headline baiting.
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HUFFPOST SUPER USER
FairNuff
03:01 PM on 10/05/2011
"Apple rival to seek ban on iPhone 4S" simply makes more sense than "Samsung rival who has just released a new phone is now having that phone banned by Samsung".

The topic of the article is the iPhone 4S and the fact that it might get banned. For purposes of the headline, it doesn't matter that Samsung is specified, since they aren't really the topic of the article. I wouldn't think this has anything to do with Apple/Samsung bias, just simple logistics.
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HUFFPOST SUPER USER
PhillyKing
03:25 PM on 10/05/2011
or instead of "apple rival" the y could have just said "Samsung seeks ban on iphone 4s"... see how much sense that statement makes??? too many fanbois writing for HuffPo
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HUFFPOST SUPER USER
wilray
50,000 Screaming Fans (Ignore that other number)
05:37 PM on 10/05/2011
It could have been written "Samsung to seek ban on iPhone 4S." "Apple Rival" doesn't really impart any information since I am still asking "who?"
01:50 PM on 10/05/2011
It's not that I don't understand the "need" for patents, but I hate them.

The whole business of technology companies is coming out with newer, shinier stuff. The ONLY way they can do that now, due to the thousands of patents, is by finding loopholes such as design, a power button over here instead of there, a new way to rotate a screen and so on. This is horrible for real innovation.

R&D costs are huge. You want to protect what you R&Ded. I get it. But if you, me, and 5 other people R&Ded different things, the 8th person would find a way to combine them. Then someone would add something new and combine it. Then someone else would add something new...etc. THAT'S innovation. There still could be a certain number of kids allowed in the pool, but if all of them stopped patenting technology they'd still make a profit, it would just take long term thinking instead of quarter by quarter.

These lawsuits over stuff are ridiculous. Germany- I can patent smooth surfaces and a button just so? Really? I'm going to cut a piece of paper, curve it and patent it. Woe befall you if you use scissors and copy me!

It doesn't matter who cast the first stone. Both companies need to put their big boy pants on. I say put the CEOs in a ring. Whoever taps out first loses the suits.