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08-14-2013, 11:11 PM #1
Samsung Posts a Bond with the ITC Confirming Continued Infringement of Apple's Patents
After its defeat in court on Friday, Samsung posted surety bonds with the U.S. international Trade Commission, a move that suggests that the South Korean electronics company is still importing and selling at least some products that infringe on Apple-held patents. In handing down the victory for Apple, the ITC left the possibility for Samsung to continue to import and sell infringing phones, media players, and tablet computers open, as long as the firm posted a surety bond of 1.25%. As noted by Florian Mueller of FOSS Patents, Samsung has posted the bond, which will forestall sales bans on infringing products until the completion of a 60-day Presidential review period.
Following the rule, Samsung spokesperson said that “upon a thorough review of the order, we will decide upon which measure to take.” The amount of the bond remains unknown as of right now as the figure is redacted in the letter of receipt from ITC Secretary Lisa Barton to Samsung. The bond is meant to ensure that Apple can recover damages in the event that Samsung’s liquidity changes between now and the cessation of ITC proceedings.
One of the things that is notable is that the bond is intended to specifically cover infringing products, not the products for which Samsung has already developed a workaround for. The South Korean electronics company has already done as much with a number of Apple patents, including some multitouch features and a mechanism for detecting when a headphone jack has been inserted into the unit’s plug. An administrative law judge has consequently cleared such products for continued importation and sale in the U.S. and the workarounds were additionally supported by Judge Thomas Pender.
As pointed out by Mueller, the posting of the bond would seem to indicate that Samsung is aware that some number of the products it is still importing still infringe on Apple-held patents. It would appear that the firm has been importing such products throughout the duration of the ITC’s investigation. The decision covers "electronic digital media devices that infringe one or more of [the patent claims-in-suit that the ITC deemed valid and infringed and that satisfied the domestic industry requirement]," according to Mueller. This definition could well cover products as new as the Samsung Galaxy S4 as well. Apple even tried to add the model and others to the suit, saying the Galaxy S4 and the newer Samsung model still infringe on the same patents.
We’ll have to see what comes of the whole ordeal by waiting for the ITC’s decision.
Source: FOSS Patents