An Italian Civil Court rejects to dispose of the delay of a new product launch for patent infringement claim and assumes a leading competitor’s abuse of dominant position as the refusal to license (Samsung Italy / Apple Italy)

The facts The rivalry between Samsung and Apple gave birth to a terrific number of disputes around the globe. One of the last chapters of this never ending saga took place in Milan when Samsung asked to the court a precautionary measure to stop the sale of the Apple smart-phone that supposedly violated some of the licenses held by Samsung: iPhone (specifically the iPhone 3G and the iPhone 4). The background of the case is very intricate and the issue at hand was a precautionary measure, therefore there is no need to analyze the facts of the case in detail here. Nevertheless, a short description is necessary to shed some light on a market that is bound to create quite a lot of problems. In the first place, it has long been understood that in markets characterized by a high rate of

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Authors

  • Luiss Guido Carli University (Rome)
  • Luiss Guido Carli University (Rome)

Quotation

Alessandro Romano, Roberta Cossu, An Italian Civil Court rejects to dispose of the delay of a new product launch for patent infringement claim and assumes a leading competitor’s abuse of dominant position as the refusal to license (Samsung Italy / Apple Italy), 5 January 2012, e-Competitions January 2012, Art. N° 48234

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