No iPhone 5; No iPhone 4S Release Date Either Says Samsung
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Apple will start taking pre-orders for the iPhone 4S at the end of the week. The device will be available in the U.S, Australia and other countries starting Oct. 14.
Not so fast.
Samsung is requesting the courts in Italy and France to enter a preliminary injunction, requesting that the courts block the sale of Apple’s iPhone 4S. And Samsung plans to file preliminary injunctions in other countries after further review.
“The infringed technology is essential to the reliable functioning of telecom networks and devices and Samsung believes that Apple’s violation as being too severe and that the iPhone 4S should be barred from sales,” the South Korean Electronics giant said.
“Apple has continued to flagrantly violate our intellectual property rights and free ride on our technology. We believe it is now necessary to take legal action to protect our innovation.”
Doesn’t these intellectual property lawsuits and resulting injunctions destroying innovation, when device-makers should be trying to do each other with superior phones?
With many users of Android devices planning to get an iPhone and 89% of current iPhone users planning to upgrade their iPhones, Samsung might lose a lot of sympathy. But don’t blame Samsung for spoiling the party.
A year ago, this development would have surprised the industry as Samsung has been supplying the processors, memory and even the screens for Apple’s iPhone and iPad.
But Samsung claims that it is only giving Apple a dose of its own medicine. Remember at the IFA 2011, the world’s largest consumer electronics show, Samsung was forced to pull the Galaxy Tab 10.1 and Galaxy Tab 7.7. at the exhibit because Apple obtained a temporary ban of those products. Months before that, Apple filed intellectual property lawsuits against Samsung in three continents.
No, Samsung started it, the U.S. company claims. Indeed, Apple is arguing that Samsung started it by “slavishly” mimicking the design and functionality of the iPhone and iPad. Apple successfully obtained a ban of the Galaxy S2 in the Netherlands, and the Galaxy 10.1 tablets in Germany and Australia.
Now it’s Samsung’s turn. Apple has been violating Samsung’s wireless patents since 2007, when the first iPhone was released. But Samsung wasn’t aggressive in pursuing its rights because Apple was its number one customer. But things changed after pursued a ban of Samsung’s products.
True, Samsung’s products may be more than similar — they’re probably identical — to the iPad and Samsung Galaxy S2. But note that Apple didn’t invent the touch-screen, the multi-touch, the slab, the apps, the browser, and everything else running the iPad and the iPhone. Samsung in fact has more smartphone patents than Apple.
Apple now claims that an injunction is unfair given that Samsung is obliged, under the standards, to provide third parties with a license under reasonable, non-discriminatory terms. But, as Samsung notes, Apple never applied for licenses when it started releasing the iPhone in 2007.
Apple got a ban of Samsung’s devices, didn’t it? For Samsung, revenge is a dish best served cold.
With the loss of Steve Jobs who died Wednesday, at 56, being forced to pull the iPhone 4S off shelves will definitely be a poor debut for Apple’s new CEO, Tim Cook.
Indeed, with the loss of Jobs, and device-makers killing each other with IP suits, it’s the end of innovation.
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