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Dutch court rejects Samsung iPhone ban bid

Apple should get fair access to 3G tech

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The Dutch court has chucked out Samsung's request that various iDevices be banned from sale in the Netherlands.

The South Korean giant claimed that iPhones and iPads that incorporate 3G infringe upon patents it holds governing the implementation of that technology.

As such, its lawyers argued, that Apple kit should not be allowed to remain on sale.

However, judges in The Hague ruled that while Samsung does have ownership of the technology, it has to make its IP readily available because the patents cover essential standards.

They told Samsung and Apple to sit down and reach a licensing deal. Samsung must provide fair access, and Apple can't say the patents are invalid, as it had stated in a counterclaim brought to oppose the Samsung action.

Samsung is trying to get the iPhone banned in France and Italy, and today's judgement is thought likely to help Apple prevail there too. ®

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