Apple's iPhone 4S, which has the clear to be sold in Italy, for now.(Credit: Apple)
Samsung's campaign to keep Apple's iPhone 4S from being sold in Europe has hit a roadblock, with an Italian judge reportedly denying the injunctive effort.
Italian news outlet Agenzia Giornalistica Italia (AGI) today reports that Milan judges denied a request from Samsung filed earlier this month to keep Apple's iPhone 4S from being sold in the country.
The decision came during a hearing on the complaint, which was filed just a day after Apple's latest iPhone was announced and accuses Apple of infringing on two of its patents related to wireless technology.
"Apple has continued to flagrantly violate our intellectual property rights and free ride on our technology", the company wrote in a blog post announcing the legal effort earlier this month. "We believe it is now necessary to take legal action to protect our innovation."
A Samsung Telecommunications America spokesman declined to comment on today's decision, and Apple did not immediately respond to a request for comment.
Samsung's two complaints, which were filed in France and Italy, take aim at Apple's use of Wideband Code Division Multiple Access standards, which Samsung holds patents for. "The infringed technology is essential to the reliable functioning of telecom networks and devices and Samsung believes that Apple's violation (is) too severe and that the iPhone 4S should be barred from sales", the company wrote at the time.
The spat is just a part of a larger battle between the two companies in courts around the world. The dispute was kicked off with a US lawsuit filed by Apple against Samsung in April that said Samsung was violating its intellectual property in the design of its mobile devices, specifically the Galaxy series smartphones and tablets. Samsung later countersued against Apple, saying the company was infringing on multiple patents.
AGI says that the Italian court is allowing both companies to bring further information to support their sides for a follo-up hearing that will take place December 16. In the meantime, the current decision allows for Apple to continue its plan to sell the iPhone 4S in Italy by the end of this month as part of a launch that includes 21 other countries.
Via CNET
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