Samsung dropped its lawsuit in Germany seeking to ban the sale of Apple’s iPhone 4S.
The South Korea-based company had focused its complaint against a patent covering 3G communications tech. According to patent expert Florian Mueller of FOSS Patents, Samsung recently discovered a Qualcomm licensing agreement protects the technology.
“Other news from Mannheim: Samsung has formally given up attacking the iPhone 4S with 3G patents. Recognizes Apple is licensed thru Qualcomm,” tweeted Mueller on Dec. 16.
Samsung recently lost a preliminary bid to ban iPhone 4S sales in France; although, the case can progress as a patent trial:
“Apple has continued to flagrantly violate our intellectual property rights and free ride on our technology,” said Samsung in October, regarding its first filing complaint in France. “We believe it is now necessary to take legal action to protect our innovation.”
Samsung is abandoning efforts to ban iPhone 4S sales in Germany, but Motorola is scoring big in the Mannheim Regional Court after a judge recently issued a preliminary ruling that could stop sales of iOS devices by Apple Sales International.
According to FOSS Patents blog, Motorola, as part of the ruling, won the injunction against Apple products that infringe upon the company’s wireless patents. The infringing product list includes the original iPhone, iPhone 3G, iPhone 3GS, iPhone 4, the original iPad 3G and iPad 2 3G.
FOSS Patents‘ patent blogger Florian Mueller outlined Apple’s options, and said the company could “modify its products by removing the patented feature so as to steer clear of further infringement.” Mueller also said it remains to be seen whether “this is a commercially viable option for Apple,” as the feature could be “somewhat fundamental to wireless data transfers in general.”
Motorola released a statement Dec. 9 claiming to be pleased with the German court’s ruling, while Apple, later the same day, announced to AllThingsD it intended to appeal the court’s ruling “right away.”
Update: And they are back with 4 more :\…
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