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Last Friday, Samsung was dealt a huge blow as the ITC ruled that some of the company’s mobile products infringe on two of Apple’s patents. As a result of the ruling, those products will be banned from US import next month unless President Obama steps in.

Following the decision, Samsung released a statement saying that the order wouldn’t affect product availability in the United States, indicating that it had developed a workaround. But the fact that it posted bond with the ITC today tells a much different story…

FOSS Patents’ Florian Mueller explains:

“The ITC investigation had been going on for more than two years. The designarounds were presented a long time ago. If Samsung can work around those two Apple patents without any negative effects on its competitiveness, how come it has, according to Apple, continued importing infringing devices throughout the entire duration of the investigation? And how come it has just posted surety bonds with the ITC to ensure its continued right to import and/or sell such infringing devices during the 60-day Presidential review period?”

So yes, Samsung has workarounds for Apple’s patents, and they’ve been cleared by both Judge Pender and the Commission—the trade agency’s highest-level decision-making body. But it obviously feels that they will degrade the performance of its mobile devices.

Here’s the big Apple patent in question:

  • 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

The potential upshot here is that, absent a veto from President Obama—which isn’t thought to be likely because these are non standards-essential patents—Samsung’s products will either be subject to the import ban, or significantly altered as part of the workarounds.

Mueller is also adamant about the fact that the import ban doesn’t just apply to older Samsung devices. It applies to all infringing devices, and that could include the Galaxy S4, the Note 2, and future products. So yeah, the potential ramifications here are quite significant.

The ban goes into effect October 9. Stay tuned.

  • JT

    Dat patent

  • dpacemaker

    Good, they can finally see how well they do without Apples technology. Before anyone brings up Samsung chips in iPhones, you should understand that Apple designs the chips. They design the technology and how it works, Samsung puts it together. They don’t design anything in the Apple products. Just like Ford designs the cars and other companies stamp the steel, and build certain parts. Then they all get put together in the factory.

    • Yeah, and Apple can’t do without Samsung’s technology. That’s why they had to go cry to daddy Obama to veto the lawsuit (http://bit ly/19uikcf); they had no walkaround for Samsung’s technology.

      • DissQuss

        MrElectrifyer go back to your samsung site and article. You always bash apple and defend samsung in apple article. You’re a trololololz

      • Ahhhh, someone got their feelings hurt…Can’t afford to see negative stuff about Apple? Consider finding an iTardsOnlyBlog; where the truth about Apple’s greed is forbidden. I promise you’ll never come across such negative facts about nor anything questioning your herd master, Apple, over there…

      • DissQuss

        There’s no wrong criticizing apple but its another story if you’re getting paid for doing it. Im an apple fan but not an itard who cant accept negative articles. You’re either an iDieHardAppleTroll or iDieHardSamsungFan or both and being paid if you know what i mean.

      • Sounds like you’ve being commanded by your herd master to never reason, typical iTard. ‘Cause I don’t unconditionally praise Apple, it instantly implies I’m a fandroid or I’m getting paid by Samsung…congratulations on fukn brilliant thinking process!

      • jilex

        are you the one who’s paying him o what other evidence do you have to say that?

      • Manish Rana

        OMG, you are a dumb fandroid. Please stop posting.

      • Brody Boswell

        No the difference between android and samsumg

      • Manish Rana

        Really?

      • Dumb for pointing out a negative fact about your herd master?…pathetic iTard. Believe what you wanna believe numbskull, take the red pill whenever you’re ready.

      • Manish Rana

        Should not talk about other herds when you yourself are the part of one. Other fags like you are sitting by your side to like your comments master? Lifeless, insecure jealous bitches. LOL. Except the fact that android is shit. LMAO

      • Zero

        Actually they didn’t cry back to Obama?, Verizon didn’t want that ban ether?, and other carriers too, so you’re point is wrong.

      • Rowan09

        Dude it’s business and we all understand every company wants to make money so greed is universal in business. The difference with Samsung wanting to ban Apples products is that they were standard patents, the patents Samsung in fridged are not standard essential patents. Samsung deliberately uses these patents without paying Apple or getting permission and that’s the difference here.

      • It’s business to be an iTard? Or what are you talking of dude? The fantard was sounding like Apple doesn’t depend on Samsung’s technology (hence why he pointed out that no one should talk about Samsung’s chipset), and I just pointed out a recent case proving that to be wrong. Regardless if it’s an essential patent or not, it’s still Samsung’s technology Apple was using, so my point remains the same; both companies rely on one another.

      • BoardDWorld

        Why don’t you upgrade your iPhone 4, or is that too hard because you can’t get anymore pirated software?

      • Lol, fail, I use a freed 4S. Nice try in playing mr psychic…

    • Manish Rana

      Fandroids never understand this part.

      • Raashid

        iTards never question anything praising their herd master.

      • Manish Rana

        Fagdroids have nothing else to say except what you just said. Are you red? LOL

  • Ghost

    iLLuminati Product always wins LoL

  • Altechi

    How come htc , Sony et all arent affect by this patent?

  • Taf Khan

    It’s a non essential patent so Samdung don’t stand much chance, hope they learn a lesson from this. Just DON’T copy shamesung.. Tut tut