titre tribunal grandeinstance
The Tribunal de Grande Instance de Paris has denied a request by Samsung for a preliminary injunction banning the iPhone 4S in France. The court said the main reason for the rejection was the disproportionate effect that banning sales of the iPhone in the country would have on Apple.

The court also awarded Apple 100,000 euros for legal costs which is far less than what Apple spent on its defense, but still indicates what the French court thought of Samsung's motion.

Florian Mueller, writing about the case:

I attended large parts of the second court hearing, which took place on November 17 and was the final one prior to today's ruling, and predicted that Samsung was going to lose with this bid for a France-wide iPhone 4S ban. It became clear that the legal standard for a preliminary injunction is reasonably high in France, and Apple's lawyers made a number of points that I couldn't verify in their entirety but which appeared strong enough to dissuade the court from ordering a ban.

Next week, a court in Milan, Italy will decide a similar request from Samsung to ban the iPhone 4S in that country.

Top Rated Comments

mattwolfmatt Avatar
183 months ago
Thank you, MR, for putting this under "More" instead of "Front Page".

Yawn.
Score: 5 Votes (Like | Disagree)
charlituna Avatar
183 months ago
Given that Samsung is suing over necessary patents that should be licensed under FRAND and hasn't proven that they sought to get proper and fair license fees only to have Steve and company tell them to go fork themselves, I'm glad that these bans aren't being approved.
Score: 3 Votes (Like | Disagree)
ChazUK Avatar
183 months ago
Good.

That's all I have to say on that one.
Score: 3 Votes (Like | Disagree)
SockRolid Avatar
183 months ago
December 14th: the HTC appeal ruling

I think we all knew that Samsung's request would be denied. Right?

The bigger story is next week's ITC ruling. In July, the International Trade Commission found that HTC had infringed two Apple patents. HTC appealed, and the ITC will announce their ruling on the appeal on the 14th.

Go ahead an yawn. Just remember that the two patents that HTC has been found guilty of infringing are not specific to HTC hardware or any HTC modification of Android. The infringements result from Android's core software architecture. If HTC loses the appeal (and Florian Mueller says that he is almost certain that they will in his FOSS Patents blog), Apple will most likely take the fight to all Android handset and tablet manufacturers. And they could use the HTC ruling as legal precedent to great effect.

The big problem for all the Android handset and tablet manufacturers is that Apple doesn't want to simply collect licensing fees from them. They won't sue just for the revenue stream the way Microsoft did and continues to do. (Microsoft makes more money from Android than Google makes from ads because of Android's violation of Microsoft patents.) No, Apple wants injunctions. And they could very likely get them.

Bad news for HTC. Their share price dropped sharply after the July ITC ruling. Their November revenue was down 30 percent month-to-month and 20 percent year-over-year. And they're the #1 Android handset maker (or at least they were.) Losing the appeal can and will hurt them badly.
Score: 2 Votes (Like | Disagree)
paul4339 Avatar
183 months ago
100,000 euros?

I guess it covers a few hours of expenses for Apple's legal team...
Score: 1 Votes (Like | Disagree)
Amazing Iceman Avatar
183 months ago
All these suings are getting boring, regardless of who is right or wrong.
Score: 1 Votes (Like | Disagree)

Popular Stories

iOS 26

When Will Apple Release iOS 26.2?

Monday December 1, 2025 4:37 pm PST by
We're getting closer to the launch of the final major iOS update of the year, with Apple set to release iOS 26.2 in December. We've had three betas so far and are expecting a fourth beta or a release candidate this week, so a launch could follow as soon as next week. Past Launch Dates Apple's past iOS x.2 updates from the last few years have all happened right around the middle of the...
ios 18 to ios 26 upgrade

Apple Pushes iPhone Users Still on iOS 18 to Upgrade to iOS 26

Tuesday December 2, 2025 11:09 am PST by
Apple is encouraging iPhone users who are still running iOS 18 to upgrade to iOS 26 by making the iOS 26 software upgrade option more prominent. Since iOS 26 launched in September, it has been displayed as an optional upgrade at the bottom of the Software Update interface in the Settings app. iOS 18 has been the default operating system option, and users running iOS 18 have seen iOS 18...
maxresdefault

iPhone Fold: Launch, Pricing, and What to Expect From Apple's Foldable

Monday December 1, 2025 3:00 am PST by
Apple is expected to launch a new foldable iPhone next year, based on multiple rumors and credible sources. The long-awaited device has been rumored for years now, but signs increasingly suggest that 2026 could indeed be the year that Apple releases its first foldable device. Subscribe to the MacRumors YouTube channel for more videos. Below, we've collated an updated set of key details that ...
iOS 26

Apple Seeds iOS 26.2 and iPadOS 26.2 Release Candidates to Developers and Public Beta Testers

Wednesday December 3, 2025 10:33 am PST by
Apple today seeded the release candidate versions of upcoming iOS 26.2 and iPadOS 26.2 updates to developers and public beta testers, with the software coming two weeks after Apple seeded the third betas. The release candidates represent the final versions of iOS 26.2 and iPadOS 26.2 that will be provided to the public if no further bugs are found during this final week of testing....
iphone 17 cyber

iPhone 17 Demand Is Breaking Apple's Sales Records

Tuesday December 2, 2025 9:44 am PST by
Apple's iPhone 17 lineup is selling well enough that Apple is on track to ship more than 247.4 million total iPhones in 2025, according to a new report from IDC. Total 2025 shipments are forecast to grow 6.1 percent year over year due to iPhone 17 demand and increased sales in China, a major market for Apple. Overall worldwide smartphone shipments across Android and iOS are forecast to...
Photos App Icon Liquid Glass

John Gruber Shares Scathing Commentary About Apple's Departing Software Design Chief

Thursday December 4, 2025 9:30 am PST by
In a statement shared with Bloomberg on Wednesday, Apple confirmed that its software design chief Alan Dye will be leaving. Apple said Dye will be succeeded by Stephen Lemay, who has been a software designer at the company since 1999. Meta CEO Mark Zuckerberg announced that Dye will lead a new creative studio within the company's AR/VR division Reality Labs. On his blog Daring Fireball,...
Touchscreen MacBook Feature

Here Are the Four MacBooks Apple Is Expected to Launch Next Year

Monday December 1, 2025 5:00 am PST by
2026 could be a bumper year for Apple's Mac lineup, with the company expected to announce as many as four separate MacBook launches. Rumors suggest Apple will court both ends of the consumer spectrum, with more affordable options for students and feature-rich premium lines for users that seek the highest specifications from a laptop. Below is a breakdown of what we're expecting over the next ...
iphone air camera

iPhone Air's Resale Value Has Dropped Dramatically, Data Shows

Thursday December 4, 2025 5:27 am PST by
The iPhone Air has recorded the steepest early resale value drop of any iPhone model in years, with new data showing that several configurations have lost almost 50% of their value within ten weeks of launch. According to a ten-week analysis published by SellCell, Apple's latest lineup is showing a pronounced split in resale performance between the iPhone 17 models and the iPhone Air....
iPhone 17 Pro Cosmic Orange

iPhone 17 Pro Lost a Camera Feature Pro Models Have Had Since 2020

Thursday December 4, 2025 5:18 am PST by
iPhone 17 Pro models, it turns out, can't take photos in Night mode when Portrait mode is selected in the Camera app – a capability that's been available on Apple's Pro devices since the iPhone 12 Pro in 2020. If you're an iPhone 17 Pro or iPhone 17 Pro Max owner, try it for yourself: Open the Camera app with Photo selected in the carousel, then cover the rear lenses with your hand to...
chatgpt logo

Sam Altman Declares 'Code Red' for ChatGPT, Delays OpenAI Advertising Plans

Tuesday December 2, 2025 3:30 pm PST by
OpenAI is deprioritizing work on advertising as it focuses on improving the quality of ChatGPT, reports The Information. OpenAI CEO Sam Altman declared a "code red" on Monday, and told employees that the company needs to improve ChatGPT so it doesn't fall behind competitors like Google and Anthropic. Altman said that OpenAI needs to work on personalization for each user, image generation,...