In the whole Apple vs Samsung saga, Apple has been basing their arguments of patent infringement largely upon the design and look of Samsung’s products, claiming that the Samsung Galaxy Tab 10.1 tablet resembles their iPad. Samsung on the other hand is using hardware as their argument, claiming that Apple was infringing upon wireless technology patents used in their iPhones and 3G iPads. However while Apple has been seeing success as of late, Samsung on the other hand hasn’t.
In an attempt to get an injunction against Apple’s brand new iPhone 4S in various parts of the world, such as France, Italy and the Netherlands, according to reports, the Dutch court has turned down Samsung’s request for a ban, rejecting claims and counterclaims from both Samsung and Apple respectively.
The court found that Samsung’s patents were part of an essential standards which should be under open license under FRAND, therefore both companies should work out a licensing agreement amongst themselves. It looks like if Samsung is hoping that the French and Italian courts will say any differently, Apple will be taking both French and Italian translations of the Dutch court’s ruling and use it as a precedent should the need arise.