ITC to review recent ruling that Apple’s devices don’t violate Samsung patents

By , Nov 19, 2012

The US International Trade Commission announced today that it will review a recent ruling made by ITC Judge James Gildea, who found that Apple’s devices don’t infringe on certain Samsung patents. The stakes, as with most ITC-level cases, are pretty high here, as an overturn by the Commission could result in banned iOS devices…

Reuters reports:

“The U.S. International Trade Commission will review a judge’s decision which found that Apple did not violate patents owned by Samsung Electronics in making the iPod touch, iPhone and iPad.

An administrative law judge at the ITC had said in a preliminary ruling in September that Apple was innocent of violating the patents. The ITC, which could have opted to simply uphold the judge’s decision, said that it would take up the matter.

If Apple is found to infringe, its devices can be banned for sale in the United States.”

The two standard essential patents in the complaint, which was filed by Samsung in 2011, are related to 3G wireless technology and the format of data packets for high-speed transmission. Apple has tried repeatedly to get Samsung to license the patents under FRAND (fair and reasonable and non-discremenatory) terms to no avail.

But that’s not to say that it’s the good guy here. Samsung’s ITC complaint was actually a response to one filed by Apple, which alleged that the Korean tech giant blatantly copied its iPhone and iPad. On that front, the ITC again ruled in Apple’s favor, concluding that some of Samsung’s mobile products do in fact infringe on its patents.

Luckily, we won’t have to wait long to hear the outcome of these two cases. The ITC’s Samsung vs. Apple verdict is expected in January, and the Apple vs. Samsung one the following month. And as we’ve learned in the past, the Commission has no problem issuing country-wide sales bans for patent infringement, so this could get interesting.

Of course, what we’d really like to see is a stop to all this nonsense. Earlier this month, we got a glimmer of hope when HTC and Apple announced they had reached a 10-year, worldwide patent cross-licensing agreement. But unfortunately, it just doesn’t look like we’re going to see a similar settlement between Apple and Samsung.

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  • http://twitter.com/oo7plasma Brandon

    can this please just END.

    • Jonathan

      If they can get what apple deserve to get. They got billion of dollars just for a damn crap logo. They runned after that if that give them lesson. I’m for patent but not for anything patent.

      • http://twitter.com/Chindavon Chindavon

        I don’t understand one damn thing you just said.

      • Itsyaboy

        Don’t understand but I kinda do, just to make it clear for you apple didint win a billion dollars for a logo. they won that because Samsung copied a lot from apple, everything including even how they package it, and it seems like its for every little patent but they do that to make as many as they can stick, kinda like a criminal case because overall Samsung copied apple. so let’s say you can’t sue for packaging, then fine, I’ll sue for round edges kinda like that. To clone my hard work is personal.

      • Jonathan

        I know that they got the billion because of logo was a copy according to the pursuit result. A Thing like a logo of like 64/64 pixel shouldn’t be able to be patented since its not an evolution on any way. And also to me the phone of samsung was really similar but not an exact copy.

      • Osama Bin Laden

        You know so little and take sides so quickly.

    • carolus

      go and tell apple to stop

      • Osama Bin Laden

        go and tell samsung to be original

      • MagicDrumSticks

        watch out guys, we’ve got a badass over here!

      • http://www.facebook.com/xxLIUZHENYUxx Liu Zhenyu

        That’s what his name says lol. U should watch out near that guy.

      • MagicDrumSticks

        Lol

      • carolus

        can you read that galaxy series kick off iphone even on us soil???pathetic!!

      • carolus

        original or not, samsung can take apple fanboy to buy galaxy series you idiot

  • Adrayven

    Standards (FRAND) patents, even when violated, rairely result in banes. The difference is Apple was sueing over non-standard patents.

    • Osama Bin Laden

      Yea, and Samsung wanted to sue Apple over the standard of LTE, knowing very well the ‘new ipad’ had LTE b4 iPhone 5.