Samsung’s request to have a ban placed on Apple’s sales of the iPhone 4S in Italy has been denied, reports AGI. The ban would have prevented Apple from launching its new smartphone in Italy, as it plans to do on Friday.
The request was denied byan Italian judge, who will allow both Samsung and Apple to submit more evidence which will be reviewed on December 16th.
Samsung’s request is based on two WCDMA patents related to standards for 3G. It claims that Apple is infringing on these patents with its new iPhone 4S.
“Apple has continued to flagrantly violate our intellectual property rights and free ride on our technology,” said Samsung. “We believe it is now necessary to take legal action to protect our innovation.”
Samsung also placed an injunction request in Paris, on the same day that it was revealed that it is seeking to have the iPad’s design rights revoked in the European Union.
The iPhone 4S is selling incredibly well worldwide and at one point reached a rate of 16 units per second, which has put it on track to become the best selling piece of consumer electronics ever.
And so, the legal back and forth between Apple and Samsung continues but the basics are that each company is matching the other move-for-move. Apple placed a complaint with the International Trade C0mission that is a mirror of the complaint filed by Samsung to block the import of Apple’s iPhone and iPad.
This is an additional bit of legal action that compliments Apple’s application for a motion for preliminary injunction against the sale of Samsung products like the Galaxy S 4G, Infuse 4G, Droid Charge and Galaxy Tab 10.1 until a patent infringement trial can be held.
Samsung has had it Galaxy Tab 10.1 device banned in Germany and Australia and is currently engaged in 21 legal actions around the world with Apple.