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Samsung Seeks Dutch Ban on iPhone and iPad

post Wednesday October 5, 2011

Tags: apple; samsung; patent; ip law; netherlands



Samsung, the cellphone giant, is trying to block the sale of iPhone and iPad in the Netherlands. September, 2011 Samsung filed claim at Dutch court to ban Apple from selling iPhone and iPad in the Netherlands, on the grounds that Apple U.S. doesn’t have the licenses to use 3G technology.

In the last a few years, Samsung has been forced by Apple to withdraw some of their products out of the shops in Australia, Germany and the Netherlands.

Samsung's lawyer Bas Berghuis told a civil judge at the Hague district court that Apple "never bothered to ask about licenses" before it started selling 3G-enabled iPhones that use the Universal Mobile Telecommunications Standard (UMTS).

The first hearing about the hearing was on September 31st, 2011. Samsung Netherlands is seeking a preliminary injunction against all mobile products of Apple, especially iPhone and iPad. Samsung stated that Apple didn’t register for license or ask for license before it launch iPhone in the Netherlands in 2008. Berghuis argued that Apple was infringing Samsung UMTS technology.

Apple, on the other hand, claimed that Samsung was using the lawsuit to cut off the market share of Apple. "It's a holdup," Kleemans said. "Because Apple dared to take action against Samsung's copycat tactics."

Samsung and Apple in recent years have about 20 lawsuits worldwide as the competition between them over the market of smartphone is becoming more and more intense.

If Samsung win the case, it will give Samsung the power to exploit its patents in the Netherlands. Earlier this month, in Dusseldorf, Germany, ruled that Samsung can’t sell its Galaxy Tab 10.1 in Germany because its design resembles Apple’s iPad. However, the ruling only applies to direct sell, so any resell of Galaxy Tab is allowed in Germany. Samsung had also force by Apple in Australia to delay its launch its tablet products and in U.S., Apple has asked for injunction which would remove Samsung’s Galaxy S 4G smartphone and tablet from the saler’s shelves while Samsung is trying to ban the importing of Apple products such as iPhone and Ipad into Apple’s home market.

Both companies have geared up with IP lawyers to fight the global patent warfare. They are now also fighting in France, Japan and South Korea. Samsung‘s head of global marketing for mobile said: “We’ll be pursuing our rights for this in a more aggressive way from now on.” 

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