courtroom gavel

Apple picked up another major victory in its ongoing patent battle with Samsung this afternoon. The International Trade Commission has just handed down a decision in the company’s case against Samsung, finding the Korean tech giant guilty of infringement.

The final ruling on the complaint, which Apple first lodged in July 2011, finds several Samsung products guilty of infringing on two of Apple’s patents. An import ban has been ordered on those products, and will take effect at the end of the 60-day Presidential review period…

Here’s Florian Mueller of FOSS Patents with more information:

“Today the United States International Trade Commission (USITC, or just ITC) handed down its final ruling on Apple’s July 2011 complaint against Samsung. An import ban has been ordered and will take effect at the end of the 60-day Presidential review period.

Even though there may be expectations in South Korea that Samsung should benefit from a Presidential veto only because Apple just won one last Saturday, “me too” doesn’t make sense here because standard-essential patents (SEPs) like the one over which the ITC wanted to grant Samsung an exclusion order come with FRAND (fair, reasonable and non-discriminatory) licensing obligations and can’t be worked around without prohibitive switching costs, while non-SEPs are traditional exclusionary rights and, most importantly, can be worked around.

In fact, Samsung presented to the ITC products that it said (and Judge Pender agreed) don’t infringe. If legality is so readily available, a veto isn’t warranted.”

Mueller’s right. Last week, Obama’s Administration exercised the Presidential veto option and reversed the ITC’s ruling that some of Apple’s products be banned for infringing on Samsung patents. The move has had some folks in Samsung’s corner crying ‘foul play.’

But as explained above, there’s a big difference in the patents that each company used in their ban pursuits. Samsung’s two cover cellular functions, and are considered to be standard-essential patents (SEPs), while Apple’s two patents cover less essential UI functions.

Speaking of, here’s the two patents Apple used in the complaint:

  • U.S. Patent No. 7,479,949 on a “touch screen device, method, and graphical user interface for determining commands by applying heuristics” (which Apple wanted to call “the Jobs patent” in a trial in Judge Posner’s court that never took place); this patent is under reexamination pressure
  • U.S. Patent No. 7,912,501 on an “audio I/O headset plug and plug detection circuitry”

Again, the ban will go into effect in 60 days, unless President Obama decides to intervene again. If he doesn’t, Mueller says the commercial impact of today’s ruling will depend completely on Samsung’s ability to workaround the two patents, which it says it’s been working on.

Be sure to let us know what you think of the ITC’s decision down in the comments!

Update: both Apple and Samsung have provided statements to AllThingsD. Here’s Apple:

“With today’s decision, the ITC has joined courts around the world in Japan, Korea, Germany, Netherlands and California by standing up for innovation and rejecting Samsung’s blatant copying of Apple’s products. Protecting real innovation is what the patent system should be about.”

And Samsung:

“Apple has been stopped from trying to use its overbroad design patents to achieve a monopoly on rectangles and rounded corners. The proper focus for the smartphone industry is not a global war in the courts, but fair competition in the marketplace. Samsung will continue to launch many innovative products and we have already taken measures to ensure that all of our products will continue to be available in the United States.”

  • Swifity

    Go Apple!

  • Sputnik09

    BOOM!

  • Caleb Youngblood

    Why Android devices suck

    1.lag
    2. not all apps are compatible with all Android devices.
    3. most Android phones have pointless and stupid features.
    4. ugly UI
    5. The software you get with the phone you usually stay with. Its very hard to update the software of a Android phone.

    6. most Android phones are made out of cheap hard plastic which makes it a #$%$ phone

    Example: dragging a video from the internet to the home screen is a perfect example of a pointless and stupid feature

    7. They don’t have a big selection of apps.
    8. unpatched vulnerabilities (security risk)
    9.malware

    • JT

      Biased

      • Caleb Youngblood

        You really think i would know all of this stuff about Android if i was biased.

      • JT

        Everything you mention has a biased tone over it. Nothing in there was constructive critisism. Just pure ranting

      • Caleb Youngblood

        So Android doesn’t have a lot of malware?

      • JT

        I have never once been affected by malware on any of my android phones. Just thesame as on my iphones.

      • Caleb Youngblood

        You didn’t answer the question.

      • JT

        I answered it from my point of view

      • Caleb Youngblood

        No you didn’t you avoided it

      • JT

        Not really

      • Caleb Youngblood

        ya right ok……

      • JT

        Thats all? Figured you would rant more

      • Caleb Youngblood

        nope cause the stuff i said above still holds true whether or not you Android fanboys wanna accept it is not by problem

      • JT

        Just because you scream doesnt make it true

      • jocastro

        lol i got to agree with caleb on this on JT, you probably don’t even know you have malware lol.. but then again you don’t know if you have malware ether CALEB

      • JT

        To be fair. If i dont know i got malware. Then im not really affected either

      • mehrab

        So like android products rule why? CUSTOMIZATION YAY?

    • jocastro

      1. you are a fanboy who suck cooks ——
      2. all iPhone have had the same theme forever. (exluding ios7)
      3. most apple iphones have no great features other then siri (woopiiieee)(not)
      4. apple UI is also hideous
      6. iPhone are made of glass and can shatter like glass
      7. the app store is pretty cool and i do agree with you.
      8 apple also has security risk( no device is perfect)
      9. apple is starting to have malware also
      10. im getting sick of iphones, they are starting to get boring even jailbroken, ive had iphones 2g-5 and basically they are all the same for the last few years or so,
      11. neither of them are the greatest phones, but they are both top phones in the market.
      12. i agree with JT

      and big 13

      When the F___ are they going to change.

      • Caleb Youngblood

        That is just a list of rambling.

      • JT

        No passion for the fruit to even bother fighting back now that someone else made a list just like yours eh?

      • Caleb Youngblood

        Its not just like mine. The only thing he is dong is rambling. He brings up no valid points

      • JT

        Its exactly as your list dude

      • Caleb Youngblood

        he is basically saying the same crap as me and he is rambling so no

      • JT

        “The same crap as me”. Your words. Crap is the key here

      • Rowan09

        To be honest JT besides number 4 Caleb’s list is factual. The other list is full of opinions not facts, Caleb’s list may sound bad but that’s really how Android OS really is. We know its filled with Makware, Samsung the number 1 selling Android company makes cheap plastic phones, most phones will never receive a software update, etc. The only opinion Caleb gave was the UI is ugly, everything else is true so you can’t argue the truth.

      • His 1, 2, 6, 7 and 8 points are somewhat factual, but they also apply to iOS devices, yet he’s making it sound like they’re exclusive to Android.

        His point 3 is the same with all iOS fantards; they call a feature pointless until they have it on their device (check out video pane and facehalt). Or simply ’cause they haven’t got a clue how to utilize it, like the dragging of video from the internet to my homescreen, I could easily utilize that as my local YouTube “Play Later” list.

        His point 4 is so not factual, especially now that iOS 7 is around the corner. Plus, you could always make Android look the way you want; wishful thinking in the official iOS world.

        His point 9 is the only factual points I see. There’s no denying you’ll have to carry the security worries you have on your productive PC (Windows or Mac OS X) on the go with you, if you get an Android device. Only iOS gives you the freedom to be that unconscious of what you install on your device, for now. That’s one of the reasons I’m satisfied with my freed iPhone; ’cause I don’t see the point of carrying such worries on the go with me in such dumbed down devices (no mobile phone’s capabilities are comparable to that of PC’s), when I can get the same software benefits without doing so.

      • Rowan09

        His point 3 true lets take the S4, most of those features are pointless and not that innovative, I smile when the jail break community makes videopane, facehalt, etc, it shows software additions are not as revolutionary as they want us to think. His point 3 would be considered factual because I can bet most people don’t use any of those features. Look at the popup video feature as well which is a waste of time especially on a small screen, multiple windows are made for big screens. His point 6 does not pertain to Apple because none of the iPhones are made from cheap plastic. The AppStore has a huge selection of apps, not bragging about quantity only but quality, so 7 doesn’t apply. Point 2 doesn’t apply either because mostly all apps work on each iPhone, android because of its diversity doesn’t have that luxury. I fix phones and every Android phone I’ve fixed or took a look at friends phones that brag, they are all basic with wallpapers, this bragging about customization is way overblown.

      • Regarding point 3, you can call them pointless, but they’re just as innovative as Siri. Those who have the senses to utilize it, do so, and those who don’t, have the option to turn it off.

        Regarding point 6, take a look back at the 3G, 3GS and white MacBooks, what do you call their casing? Premium plastic ’cause they’ve got an Apple logo?

        Regarding point 7, I can’t count how many times I’ve downloaded a freemium BS app that I just deleted off my phone after 30 seconds. Point is, what you consider as bad quality might be someone else’s good quality app.

        Regarding point 2, there are hundreds of thousands of apps that require iOS 5 and don’t work on the 3G/2G. Point is, if you go with a cheap end Android phone, can’t expect to get the best of Android, same applies on the iOS front.

        Regarding customization, it’s no different than jailbreaking; only a fraction of the population see its benefit. However, on Android you at least have the official option to do so; the manufacturer doesn’t dictate what you can do with your $500+ device.

      • Rehan Ahmed

        For one, Android is not made by one manufacturer. You can choose the high-quality phones from HTC like the One and the Nexus 4 from Google/LG. There is also the newly announced Moto X.

        On the other hand, if you don’t want to wait 5-6 months for a new jailbreak every time a new iOS is announced and also spend a few hours jailbreaking your device and risk “bricking” your device(unless you are a pro), then risking your device for malware with Android is okay.

        Also, if you stick by Google Play and download authentic apps(with not so many weird permissions) then you would go by perfectly without getting your device affected. The luxuries of customizability and the open-natured OS are good enough in exchange for a little risk.

      • Rowan09

        HTC, LG, Motorola doesn’t make a lot of money from their phones. HTC just posted a loss last quarter (even though I think the HTC One is beautiful), the masses are all fouled into believing due to Samsungs advertising that they are the only ones that exist. I know Android is not on one phone manufacturer but the sales (well shipped numbers) shows Samsung is number 1 by a far margin. This talk about waiting for a jail break is overblown, when IOS 7 comes out I want to upgrade but I love my jailbreak so I won’t until it does, it’s the same with rooting on an Android. Minor updates like 6.0-6.1.4 is not worth losing a jailbreak, you don’t have to update especially with ilex rat and semi restore now available. Don’t get wrong I own a Note 2, Motorola Bionic & Droid 2, Blackberry Bold and Torch, an iPhone 3G/3GS/4/4s/5 so I appreciate them all. I repair phones so I have the luxury of seeing the differences.

      • JT

        Its not factual when it contains missinformation. The lag part is a whole subject that doesnt really have anything to do with the term lag. In short its the android animations that fails all together when executed. The app starts just as fast as last time. It just looks horribly. Thats the android “lag”. And yes we are talking about high end phones. The other ones are not included here. Then he went on about ui being ugly, and pointless features. Who made him the boss of deciding which feature is pointless? Thats like me saying that facetime is pointless since we can use skype. The more features the better imo.

        His list was his own opinions, and he clearly favored the iphone with no questions asked. And this cheap plastic subject. I dunno. I can drop my current s3 on the ground and it will hold it together most of the times. The term yodo (you only drop once) was invented for iphones. The nr1, 2 and 3 phones that i repair at work are iphone 4, 4s and 5. After the iphone 5 theres s3 and some random models. Many custumers asks me if their iphones are made out of bad quality materials since this happens to them. And i tell them thats what happens when you got glass on the front and back with a metalframe in the middle. Yodo

      • jocastro

        im making fun of you idiot.

      • Caleb Youngblood

        compare my likes to yours….

      • JT

        Did you just reply with a “my e-penie is bigger then yours” line? You got nothing to back anything up in here. Ive seen many remarks and complains on android that had legit and constructive critisism. But yours are just dumb. Same as your logic

      • Caleb Youngblood

        You are a Android fanboy so of course you think that.

      • JT

        I got both android and apple products. I also work as a mac/iphone tech repair. I got meat on my legs

      • takenlife

        nothing in the brains though.

      • JT

        Hopefully i dont have meat in my brain

      • jocastro

        im not ether, actually they are both starting to annoy me

      • jocastro

        lol and comparing my likes to yours does not really matter, saying this is a blog for jailbroken iPhone mainly, i wouldn’t doubt if i didn’t get alot of likes, but you cant disagree with me on the matter of what i have to say, because all of it is true including you sucking cooks d___

        and i pretty sure if there was no jailbreak ever, you would probably use a android device anyways

      • JT

        I can see that. No arguments here ^^

      • jocastro

        🙂

      • jocastro

        ow and by the way if you really want to go about saying how much likes you have(youngblood) lol, im pretty sure mines bigger hahahahahahahhaha… but still don’t care ether way.

        and JT, thats how you take care of Idiots who don’t know what the F ____ they are talking about.

      • felixtaf

        60 guest votes – Impossible for a silly post like this. DAMN sure that you vote for yourself…

      • RarestName

        Apply cold water to burned area, @calebyoungblood:disqus!

      • mehrab

        Apple always had the more sense full stable features. Android is alot of ideas thrown into one os. Android has many great ideas it is the implementation that sucks. I own both and my chose is still ios. Responsiveness apps design features. Thats why i likei os

      • mehrab

        Apple has an ugly ui? And mLware? WHAT

    • anonymous

      THIS is for caleb youngblood
      1. not all device lags, high end devices like s4, htc one ,xperia z are top notch
      2. well since u want to compare high end phones, all apps are compatible .
      3. these features are really innovative which iphone is lightyear from having.
      4.
      ugly, really i’ll change it right now, go launcher, nova, spb 3d, or
      even ur iphone ui among the very few.. u name it. i got it.
      5. well,
      the real aim of consumer is to have a stable os rather than update to
      the latest buggy ones and update oncemore to a more stable one.besides
      more updates more headaches,, thats what ios 6 taught me,, no new
      features… just tags of update notifications.
      6. just because its
      plastic doesn’t make it cheap..why do u use a plastic or rubber
      protector for ur iphone. doesn’t that make it cheap.

      ur example is not true.. maybe it seems pointless, but it shows advancement in the ability of ur smartphone.

      7.
      the marginal gap of apps is closing in.. though i just agree that apps
      come late to android as it has to be universal with support for all
      hardware and os.

      8. unpatched vulnerabilty.. thats what i love..
      makes it easier to root.. don’t u have a jb iphone due to some unpatched
      vulnerability.

      9. the criteria of malware is still minimal to the consumers.

      now
      please don’t judge so fast.. i used a jb iphone 4s 64gb ios 6.1.2 for
      several months… and loved it and commented because i have been seeing
      this hateful ignorant comment for a few days so i had to reply.. i
      really appreciate both the os and their competition to make the
      consumers satisfied..if u asked me i could make another list showing the
      advantage of ios over android but that only proves both has pros and
      cons..so don’t judge like u do hero worship.. but an analyst.. android
      side i used galaxy s3 16 gb rooted.. loved that too.. peace.

      • mehrab

        Android lags. The only device that lagged less was the nexus 4

    • Maxim∑

      Nexus 4 is good, and it pretty much ends there.

      • bashir

        Yeah, please.

    • Rehan Ahmed

      Okay, i have answers for all of those…

      1. If you buy a phone worth or even some notches below the iPhone’s hefty price tag(like the HTC One, Nexus 4, Galaxy S4, Moto X) then you won’t find lag!

      2. Don’t buy a phone from some Chinese-knockoff manufacturer dude! Buy a good phone from some good manufacturer and you’d be good with almost 95+% of apps being compatible.

      3. If you don’t like additional feature, you can buy a Google Edition version. Or you can even simply install a different ROM(which is a lot easier than jailbreaking your iPhone). Or simply, install a good stock-like launcher from Google Play which is as simple as downloading and installing an app.

      4. Stock-Android has the best UI and it is not at all ugly! Today, you can buy any great phone(Moto X, HTC One GE, Samsung S4 GE, Nexus 4) with that awesome UI. Alternatively, just flash a ROM you lazy dumbass.

      5. Again, the solution is the Google Edition phones which get the software update barely weeks after the official release for Nexus phones. Yeah, that’s a catch with other big Android phones but Android has spread so big that keeping that problem under control is difficult.

      6. DONT BUY THOSE PHONES THEN! Buy something else like the HTC One, Nexus 4, Moto X.

      7. Almost 99% of popular apps are there, and from the 1% those who are not, will be coming soon.

      8. Don’t you think Apple has those too? How does a hacker develop a jailbreak without vulnerabilities? Well, that’s it…

      9. If you stick by Google Play and just sweep a look on the reviews and the permissions required, you would never need to worry about malware. On the other hand, if you like to tinker, get an antivirus as there is a lot of variety in the Google Play Store.

      • anonymous

        think i covered all ur points above,, with the name anonymous,u just simply elaborated my points, but good try.. thanks, but if u notice the other comments it is easy to distinguish between ios fans and android fans.

      • anonymous

        and some of ur remarks such as dumbass is not welcome,, please watch..thx

      • Rowan09

        I live in the US and the iPhone is just as expensive as any companies high end devices, none of those phones are cheap.

  • M Last

    Apple 1 —- 0 Samsung
    one more lucky strike :)))

    • jocastro

      technically i believe its 2(maybe 3)—— -0

  • Cesar D

    Let’s have a party all night with all the ppl of this blog!

  • Ignacio Irigoyen

    I would have been funny that they both banned each others products from the US.

  • Ghost

    iPhone 3GS r made by plastic -_-”
    Mostly ios apps attack by unknown “bugs” which need to update frequently causes crash a lot

    Last but not least where do iPhone n iPad gets it named?
    Answers : iPaQ

    • euthenia

      well at least they do release fix for those bugs unlike other manufacturers except google with their own devices. if you mean by the app itself then it’s purely developers concern and apple’s strict policy makes it somewhat safer than google’s play.

      • Ghost

        Yup they have to be fix those bugs b4 their app will be pull off by Apples btw some Dev r dirty coz they can input viruses in it lol

  • anonymous

    THIS is for caleb youngblood
    1. not all device lags, high end devices like s4, htc one ,xperia z are top notch
    2. well since u want to compare high end phones, all apps are compatible .
    3. these features are really innovative which iphone is lightyear from having.
    4. ugly, really i’ll change it right now, go launcher, nova, spb 3d, or even ur iphone ui among the very few.. u name it. i got it.
    5. well, the real aim of consumer is to have a stable os rather than update to the latest buggy ones and update oncemore to a more stable one.besides more updates more headaches,, thats what ios 6 taught me,, no new features… just tags of update notifications.
    6. just because its plastic doesn’t make it cheap..why do u use a plastic or rubber protector for ur iphone. doesn’t that make it cheap.

    ur example is not true.. maybe it seems pointless, but it shows advancement in the ability of ur smartphone.

    7. the marginal gap of apps is closing in.. though i just agree that apps come late to android as it has to be universal with support for all hardware and os.

    8. unpatched vulnerabilty.. thats what i love.. makes it easier to root.. don’t u have a jb iphone due to some unpatched vulnerability.

    9. the criteria of malware is still minimal to the consumers.

    now please don’t judge so fast.. i used a jb iphone 4s 64gb ios 6.1.2 for several months… and loved it and commented because i have been seeing this hateful ignorant comment for a few days so i had to reply.. i really appreciate both the os and their competition to make the consumers satisfied..if u asked me i could make another list showing the advantage of ios over android but only proves both has pros and cons..so don’t judge like u do hero worship.. but an analyst.. android side i used galaxy s3 16 gb rooted.. loved that too.. peace.

    • jocastro

      A Freaking men, preach that sh!T… he knows exactly what im talking about.. nice anonymous

      • anonymous

        this debate has gone way out of hand..with everyone insulting each other. and u have stayed here for the longest observing the drama.

    • Rowan09

      I agree. I own both OS and there’s pros and cons but you lost me with the app statement. The Playstore is riddled with nonsense apps and we all know it, the AppStore by far has better apps. “Just because a phone is plastic doesn’t make it cheap” come on man premium phones should not be made of plastic, the Galaxy phones are definitely made cheap and they feel cheap. Does cheap means it sucks no, but its definitely made from cheap plastic.

      • anonymous

        About the app statement.. of course i am with app store. have used it, bought apps more than 100 bucks. but the popular apps exclusive to app store are a handful and u will agree apps come to ios much faster due to app simulation on only 4 screen resolutions and single & dual core hardware. android has much more bigger diversity but u will have to agree the integrity they managed to keep across so many brands of phone, like the apk backups can be installed on all sets of android phones. something symbian was not able to manage efficiently. and galaxy is not the sole representative of android , which is made of plastic.. if u don’t like it. think htc one or the other brands which have nice metallic finish. if u wikipedia plastic , u’ll get to a section discussing that not all plastic is of same quality.. so we can’t call all plastic cheap. s3 didn’t bug me much with the plastic..and iphone 4s u can notice front is all plastic behind cover is also plastic though if u ever opened the back cover u notice a thin metal layer beneath, the real metal is only on the sideline in the form of an alluminium bezel.

      • Rowan09

        I know not all plastic is cheap that’s why I said most Android phones are made out of cheap plastic. i’m fine with a cheap phone being made of cheap plastic but not a premium phone. I repair phones so I’m aware of what your saying regarding the iPhone. The app stores don’t even compare, I own a Note 2 and the Playstore is riddled with junk, Google should fix this in my opinion. I also own an iPhone 5 and many other phones as well but the quality of apps is in the AppStore by far. Nevertheless I appreciate them both because they help to keep each other innovating even though I believe we won’t see anything mind blowing for the next 2-3 years.

  • Brian Kieffer

    Maybe Obama will veto the Samsung ban as well.

    Oh.

    Wait.

  • Jim Hart

    I wonder if “Samsung” in Korean means “we copy everyone” in English.

  • Gagan Mohal

    Apple to Obama administration:
    Cancel the ITC ban against me. Then force the ITC to ban Samsung on some
    bogus patents. When done I will give each of your employees a free
    iPhone cases.

    Obama: take care, there are a lot of people in my administration involved. Do you have a few hundred cases?

    Apple: Yes, we will try our best.

    Obama: Ok then, lets screw the competitions.

  • Chris Zhu

    I actually like Samsung’s statement.

    ” The proper focus for the smartphone industry is not a global war in the courts, but fair competition in the marketplace.”

    If they both are smartphone companies, why not try to create better smartphones for people, instead of arguing what a ‘smartphone’ should really be? Come on, they’re all phones.

    People can have different opinions too, some love the simplicity offered by iOS, others like the customizable experience provided by Android (ofc others love the …. appless.. experience provided by the Nokia 3310.)

  • Maxim∑

    So idb is now deleting comments that aren’t suiting then

  • Guest

    YESSS YESSS ¡¡¡

  • Canchume

    yes yes ¡

  • jocastro

    wow this guy literally deleted all his crap lol,

  • JT

    Funny that caleb youngblood removed all his comments. After all the hard work he put in

  • Roger Riekki

    Lots of deleted comments. 😮

  • Ted Forbes

    They both have lots of money so bidding for the win win is simple but much much more complicated than that. The winner depends on where the judge is and what phone the judge uses. If in USA or US territory and “own” iPhone the winner is Apple. If in Asia or Asian territory and “own” a Galaxy the winner is Samsung. …Or vice verser… The obvious is clear and the clear is obvious. These rulings remind me of the law of the jungle, this is the only sense I can make out of these rulings. Its not about the right of patents or who own what or what belongs to whom.