The issue of positioning of the response from Samsung to Apple in its struggle for patents is established: his attraction in opposition to the iPhone 4S in Italy is rejected, now not permitting the blockading of gross sales within the u . s . in advance of the choice on the deserves .
If Samsung has shown patience with attacks from Apple that accuses him of exploiting its patents and copy the design of its mobile products, the Korean group wants more offensive since the launch of the iPhone 4S. 's strategy response focuses on the license fees to be performed by Apple for its iOS devices with a cellular function and several appeals were filed to try to block the sales of these products against a renegotiation of royalties. However, this positioning touches a nerve, that's part FRAND ( Fair, Reasonable and Non Discriminatory ) that accompanies certain patents deemed essential and where companies are holding should not be too greedy no
t to penalize large parts of the industry and slow innovation.
But by claiming additional rights to its patents 3G, Samsung sees himself precisely against the obligation to respect this particular framework. This concept has already been highlighted by a rejection of an appeal from Samsung in the Netherlands , with the risk of a precedent elsewhere. No blocking preventive before the verdict The same scenario is repeating itself with the dismissal of the action of Samsung in Italy to block sales of the iPhone 4S, upstream of the decision on the merits. The Milan court does not recognize so no urgency own to stop the distribution of mobile products Apple ahead of the decision must determine if there is infringement of two patents cited by Samsung.
The Korean group had yet appreciated can in turn put pressure on its competitor (which remains a major partner for the supply of electronic components) after the Australian difficult decision making haphazard distribution of the tablet Galaxy Tab 101 in the country. Samsung has also filed a similar used in France but the decision was originally expected on October 20, was finally postponed to November 15. It seems unlikely, however, in light of previous decisions, it goes in the direction hoped for by Samsung.