Feeds

Samsung v iPhone 4S French entrenchment: 'TOTAL WAR'

'They won't leave us alone', sob Apple lawyers to judge

Gartner critical capabilities for enterprise endpoint backup

Apple's lawyers have accused Samsung of waging all-out patent war in the latest battleground for the world-spanning dispute between the two firms.

The tech giants are now in Paris to argue over Samsung's attempt to get a preliminary injunction against the iPhone 4S in France, based on alleged infringement of its 3G patents.

"This is the latest attempt in the 'total war' against Apple, as Samsung's management have called it, which is nothing other than an attempt to push Apple out of the mobile market," the Jesus mobe maker's legal team whined, according to Le Monde and translated by The Register's French-affairs desk.

Why Cupertino's lawyers felt they had break out a sob story is a bit of a mystery as their case looks strong. The Netherlands has already ruled against Samsung on 3G patents, because as a recognised standard they are supposed to be licensed on fair, reasonable and non-discriminatory (FRAND) terms to any interested parties.

On that basis, the Dutch court told the bickering companies to go to their room and sort out a FRAND agreement back in October - and European judges often take note of what each other decide, although they're not bound by each other.

A European Commission investigation into breaches of competition law by the South Korean firm and its FRAND licensing, which Apple lawyers also mentioned in the Parisian court, adds further weight to the standards argument against Samsung.

As well as whacking Samsung with the FRAND stick, Apple also claims to have rights to the patents anyway through their agreements with Qualcomm, which provides one of the chips for the iPhone (the other provided, ironically, by Samsung).

Samsung's legal eagles said Qualcomm doesn't pay royalties so it can't go around giving licences to other companies. The South Korean company is also insisting that Apple won't pay the rate that Samsung has proposed for the FRAND licence, suggested at between two and four per cent of a device's price.

The French judge said the companies could expect a decision on the preliminary injunction on December 8. ®

Next gen security for virtualised datacentres

More from The Register

next story
So, Apple won't sell cheap kit? Prepare the iOS garden wall WRECKING BALL
It can throw the low cost race if it looks to the cloud
Reg man looks through a Glass, darkly: Google's toy ploy or killer tech specs?
Tip: Put the shades on and you'll look less of a spanner
Apple promises to lift Curse of the Drained iPhone 5 Battery
Have you tried turning it off and...? Never mind, here's a replacement
Now that's FIRE WIRE: HP recalls 6 MILLION burn-risk laptop cables
Right in the middle of Burning Mains Man week
Apple's iWatch? They cannae do it ... they don't have the POWER
Analyst predicts fanbois will have to wait until next year
HUGE iPAD? Maybe. HUGE ADVERTS? That's for SURE
Noo! Hand not big enough! Don't look at meee!
Samsung Gear S: Quick, LAUNCH IT – before Apple straps on iWatch
Full specs for wrist-mounted device here ... but who'll buy it?
AMD unveils 'single purpose' graphics card for PC gamers and NO ONE else
Chip maker claims the Radeon R9 285 is 'best in its class'
prev story

Whitepapers

Best practices for enterprise data
Discussing how technology providers have innovated in order to solve new challenges, creating a new framework for enterprise data.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Advanced data protection for your virtualized environments
Find a natural fit for optimizing protection for the often resource-constrained data protection process found in virtual environments.
How modern custom applications can spur business growth
Learn how to create, deploy and manage custom applications without consuming or expanding the need for scarce, expensive IT resources.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?