Friday, October 14, 2011, 08:13 am PT (11:13 am ET)
Netherlands judge denies Samsung's request to halt iPhone, iPad salesThough Apple has found some success in barring the sale of Samsung devices including its Galaxy Tab 10.1 in various countries, Samsung on Friday failed to stop the sale of 3G-enabled Apple devices like the iPhone and iPad in the Netherlands.
A Dutch judge made the ruling in favor of Apple on Friday, dismissing Samsung's claims of patent infringement, according to Reuters. The ruling is by intellectual property expert Florian Mueller, of FOSS Patents, as a victory that could help Apple in similar legal disputes in Italy and France, where Samsung is already attempting to block sales of the newly launched iPhone 4S.
"Apple will be taking French and Italian translations of the Dutch ruling with it," Mueller reportedly said. "This makes it a long shot for Samsung that it could win an injunction in the EU based on its 3G patents."
The Dutch court ruled that 3G patents owned by Samsung are open to license under the definition of fair, reasonable and non-discriminatory, or FRAND, patent use. A judge in The Hague said that Apple and Samsung should work to find an agreement.
In a post to his blog detailing Samsung's loss in the Netherlands, Mueller said it's possible that Apple this week reached a tipping point in its legal battle against Google's Android mobile operating system, which powers Samsung devices like the Galaxy Tab lineup.
"Apple has not yet dealt a fatal blow to Samsung, but it's on an impressive winning streak and making headway at a breathtaking rate," he said. "I expected Apple to do well, but the results have exceeded even my expectations."
Samsung's request to ban the sale of the iPhone and iPad came in September, specifically taking issue with the iPhone 3GS, iPhone 4, first-generation iPad and iPad 2. Samsung unsuccessfully argued that the devices infringe on four 3G patents it owns.
Samsung recently vowed to step up its legal actions against Apple, as the number of lawsuits between the rival companies continue to grow. Most notably, Apple has successfully banned the sale of the Samsung Galaxy Tab 10.1 in Germany and Australia.
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