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08-09-2013, 10:57 PM #1
ITC Rules in Favor of Apple, Bans Older Samsung Products
Apple was recently dealt a significant win in its ongoing patent battle with Samsung when the U.S. International Trade Commission handed down a ruling that will likely see the ban of infringing products made by the South Korean electronics company. The ITCís final determination found Samsung to have infringed on two Apple patents, one for a touchscreen control method and another for headphones I/O tech, which means an import ban on offending products have been ordered according to Florian Mueller.
Before the ban can take effect, it must undergo a 60-day Presidential review period that could see a reversal of the ITC order. This ended up being the case with a recent Samsung complaint against Apple, which saw the ITCís ban of older devices like the iPhone 4 reversed by a veto from the U.S. Trade Representative.
It was pointed out by Mueller that the recent import ban depends largely on the workarounds that Samsung applies to infringing products. The product adjustments can at times come in the form of tweaked capabilities or even outright removal of features. It remains to be seen what Samsung will end up doing with its devices but the ITC order will likely have an impact on the companyís product line going forward.
The ruling is the result of an investigation into Administrative Law Judge Thomas Penderís initial determination from October 2012, which ended up finding Samsung infringing on Appleís patents. Both parties ended up unsatisfied with the juristís decision and brought the issue to the Commission hoping for further clarification. The trade body agreed to investigate, remanding two patents in-suit back to Judge Pender. The Commissionís final determination is based on the remand initial determination, as well as a full review of the case and partiesí arguments.
Source: FOSS Patents, Scribd
08-09-2013, 11:04 PM #2
08-09-2013, 11:07 PM #3
Interesting to see if Obama steps in for Samsung as well. If he doesn't, it will look like a big F U to Korea.
08-09-2013, 11:31 PM #4
wow Apple seem to own the ITC, again this is ********
Before the ban can take effect, it must undergo a 60-day Presidential review period that could see a reversal of the ITC order.
Last edited by dsg; 08-09-2013 at 11:44 PM.
08-10-2013, 02:40 AM #5
08-10-2013, 02:53 AM #6
08-10-2013, 07:03 AM #7
08-10-2013, 07:26 AM #8
here we go again...
08-10-2013, 07:30 AM #9
08-10-2013, 10:58 AM #10
I don't know what's more distasteful here., the hatred for competition or the hatred for the leader of the"free" world.
08-10-2013, 11:00 AM #11
08-10-2013, 01:25 PM #12
Obama is a dictator? Are you kidding? His predecessor asserted more presidential authority than has been seen since FDR and Obama has opted to completely ignore that power. Anyone fearing the power of a unitary presidency has been reassured that despite gains in presidential power and scope imposed by the last president, there are still American presidents willing to abide the balance of power set forth by the constitution. If you really think he's a dictator it's only because you have no idea what you're talking about and are merely regurgitating crap you heard on Fox News or something akin to it.
Moving on: the president will not veto the ban because its based on non-standard essential patents, whereas Apple's overturned ban would have been the result of SEP misuse. If you don't know wt that means and how it relates to ITC bans then I suggest you research the topic before you post on the subject. The recent veto was not a political issue between S. Korea and the US. Rather the veto showed SEP holders that they must adhere to their FRAND obligations. Samsung didn't need to release a product violating Apple's patents whereas Apple could not have produced any phone without necessarily utilizing Samsung's patents. Again, if you not understand the difference between SEP and non-SEP then please research the topic before you reply.They can have my jailbreak when they pry it from my cold dead fingers.
08-10-2013, 01:44 PM #13
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