Samsung has been denied its bid to halt sale of Apple iPhone 4S and iPad, by a court in The Hague.
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| Dutch folk can still buy iPhone 4S. |
The Galaxy maker is claiming Apple violated its 3G wireless technology patents and in turn is looking to ban the sale of the 3G iOS devices in The Netherlands, as part of its global patents war against Apple.
However the Netherlands’ District Court of The Hague denied Samsung’s application yesterday, saying the patents are governed by the industry fair, reasonable and non-discriminatory (FRAND) terms, meaning that it must license the essential patents to rival Apple.
Samsung had not complied with the FRAND rules, the court ruled.
The European Commission is already investigating Samsung possible misuse of FRAND patents in its battle with Apple.
The case can be appealed although it is not yet clear if the Korean company will pursue this course and did not comment after the verdict was delivered.
This is “a highly meaningful victory over Samsung” for Apple, says patents guru Florian Mueller, of Foss Patents.
This marks Samsung latest loss against Apple and also failed in its bid to ban the iPhone 4S here in Australia and elsewhere in Europe including France and Italy.
Apple and Samsung are to face each other again very soon in Australian courts in the next round of its patents showdown after a prolonged legal row last year.
