Details Regarding Sanctions Against Samsung In Apple Patent Case Emerge

[Phillip Swanson]

Details regarding sanctions against Samsung as a result of a U.S. International Trade Commission ruling earlier this year have emerged and the picture isn’t pretty.

The partially censored version of the presiding judge’s initial determination and recommendations that leaked yesterday includes a number of hefty fines, and even an import and sales ban on all infringing products. Judge Thomas Pender’s proposed bond is a staggering 88 percent value of all the Samsung smartphones at issue in the case. Samsung argued for a much lower 4.9% royalty rate for the proposed bond.

Pender’s original ruling found Samsung in violation of one of Apple’s design patents and three software patents, but he found in favor of Samsung regarding two other patents. Luckily for Samsung the case only covers older Samsung phones and tablets, not newer models like the company’s flagship Galaxy S III. Still, if the ITC’s six-member commission approves Pender’s ruling on Feb 19, the company will be dealt a substantial financial blow.

Foss Patents outlines the sanctions in full:

• A U.S. import ban that would enter into effect after the 60-day Presidential review period following a final ITC decision,
• a simultaneous cease-and-desist order that would prohibit the sale of any commercially significant quantities of the imported infringing accused products in the United States (this remedy was denied against HTC), and
• the requirement to post a bond of 88% of the value of all mobile phones, 32.5% of the value of all media players, and 37.6% of the value of all tablet computers found to infringe Apple's patents-in-suit during the Presidential review period.

However, Judge Pender did include “designarounds” that Samsung could implement to make the sales ban unnecessary. Whatever the case, Samsung most likely isn’t too happy with the Judge’s proposed sanctions.

Sources: CNET, FOSS Patents

[jOnGarrett]

the Galaxy S4 and all its awesomeness is rumored for April 2013 release., come March 2013 apple will claim it infringes.

[garfielgato2]

Awesome picture; "Clash of the titans"