A Dutch court on Friday denied Samsung's request to ban Apple mobile products from the Netherlands, adding another major blow to Samsung in a global patent war between the two rival manufacturers.
According to Reuters, a judge at the district court in the Hague ruled that Samsung's 3G patents were "essential" patents for any mobile device running 3G, and therefore cannot be used as a reason for banning an infringing party's cell phones.
Instead the settlement must meet FRAND (fair, reasonable and non-discriminatory) licensing obligations, like a reasonable royalty. Read more about the principals of FRAND in the latest blog post by technology patent expert Florian Mueller.
Mueller added that today's ruling could have much wider implications for Samsung's numerous lawsuits against Apple around the world.
For instance, "as a result, Samsung's motions for preliminary injunctions against the iPhone 4S in France and Italy are also very likely to be denied, though the courts in those countries have the right to take different decisions than their Dutch counterpart," Mueller wrote.
Earlier this month, Samsung filed for a preliminary injunction of the iPhone 4S in Paris and Milan.
Now Samsung's lawyers will have to find patents other than those likely to be categorized under FRAND, in order to successfully ban Apple products, he added.
This is the latest legal blow to Samsung this week. Yesterday an Australian court granted Apple's request for a temporary injunction against Samsung's Galaxy Tab 10.1, meaning the tablet will likely not be available to Australian consumers during the upcoming holiday season.
The patent dispute between Apple and Samsung began in April, when Apple sued Samsung for copying the look and feel of its iPhone and iPad in its flagship Galaxy S line of devices; a suit that was later expanded to include 13 more products, including the Galaxy Tab 10.1, Nexus S 4G, and the Droid Charge. More recently, Samsung filed suit in Italy and France, asking the court to ban the new iPhone 4S in those countries.
Confused over who's banning who and where? See Every Place Samsung and Apple Are Suing Each Other (as of Sept. 14).