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Italian judge nixes Samsung’s request for iPhone 4S ban

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Italy: Judge Marina Tavassi of the Tribunale di Milano — the Milan-based Italian first-instance court for patent cases — has rejected a Samsung request for a preliminary injunction against the sale of the iPhone 4S in Italy, reports “FOSS Patents” (http://macte.ch/BiQJE).

Samsung has sought to ban the iPhone 4S in France and Italy for patent infringement. The company filed motions with courts in Paris and Milan seeking the ban, each citing two patent infringements on wireless telecommunications technology.

Samsung claims the iPhone and iPad that use 3G technology infringe Samsung patents. Meanwhile, in September Apple said in a Hague court hearing that Samsung is holding them “hostage” by asking for 2.4% on each 3G chip used in the iPad and iPhone. Samsung is deliberately misusing both the royalty rate and the responsibility for its payment to try and oppose its lawsuit, says Apple.

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