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September 27, 2011

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Samsung seeks Apple injunction

SAMSUNG asked a Dutch court yesterday to slap an injunction on Apple Inc to prevent it from selling iPhones and iPad tablets in the Netherlands, saying Apple does not have licenses to use 3G mobile technology in the devices.

The legal battle is the latest round in a series of claims and counterclaims of patent breaches by the rival technology heavyweights playing out in courtrooms around the world.

Samsung Electronics Co lawyer Bas Berghuis told a judge at The Hague District Court that Apple "never bothered to ask about licenses" before it started selling 3G-enabled iPhones.

Apple lawyer Rutger Kleemans hit back by accusing Samsung of using the patent dispute to "hold Apple hostage" because of Apple's legal battles accusing the South Korean firm of copying its iPhone and iPad designs.

"It's a holdup," Kleemans said. "Because Apple dared to take action against Samsung's copycat tactics."

Kleemans urged the court to reject the request, saying the patents involved "are not designed to be used as a weapon against Apple."

No date was given for a ruling.

Earlier this month, a court in Germany, ruled that Samsung cannot sell its Galaxy Tab 10.1 there because its design too closely resembled the iPad2. The ruling only applied to direct sales from Samsung, meaning distributors who get the Tab 10.1 from abroad could resell them in Germany. Samsung said it would appeal.

Other court battles are taking place in the United States, South Korea and Australia.

A Samsung executive said last week in Seoul it would be taking a bolder stance in battling Apple in courts.

"We'll be pursuing our rights for this in a more aggressive way," said Lee Younghee, head of global marketing for mobile communications.


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