ITC Judge Says Samsung Violated Four Apple Patents
October 25, 2012 8:39 PM
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The decision will be reviewed by the full commission, and if the commission agrees, imports of Samsung's products could be halted at the border
Samsung hasn't had a whole lot of luck in the U.S. when it comes to its
with Apple, and a recent ITC case proves that it's luck isn't getting any better.
U.S. International Trade Commission (ITC) Judge Thomas Pender found that Samsung has violated four Apple patents, including the flat front face with wider borders at the top and bottom, the lozenge-shaped speaker about the display screen; the translucent images for applications displayed on the screen, and the device's ability to detect when a headset is plugged in.
Apple also tried to say that Samsung infringed on other patents, such as the shape of the phone, but the ITC judge found that those were not violations.
The decision will be reviewed by the full commission. If the commission agrees with Pender, imports of Samsung's products could be halted at the border, and this would then be reviewed by the U.S. president. An appeals court would review the entire case.
"If left to stand, this initial determination could lead to fewer choices, less innovation, and potentially higher prices for the American consumer," said Adam Yates, Samsung spokesman. "We remain confident that the full commission will ultimately reach a final determination that affirms our position that patent law must not be manipulated to give one company a monopoly over rectangles with rounded corners, or technology that is being improved every day by Samsung and other companies."
Samsung is currently working on new designs of its devices and sending them to Pender in order to address the patent infringement claims.
The Apple-Samsung patent war began in April 2011 when Apple claimed Samsung was an
"iPhone, iPad copycat."
More specifically, Apple said Samsung's Galaxy S 4G, Epic 4G and Nexus smartphones infringed on Apple's patents.
Apple worked pretty hard to ban Samsung's smartphones and tablets around the world, and successfully accomplished this in countries like Germany and Australia. Samsung launched a few lawsuits of its own regarding
, and was also able to lift the ban on its Galaxy Tab 10.1 in Australia in December 2011. However, Samsung
wasn't so lucky in Germany
, where the Galaxy Tab 10.1 is still banned.
Back in August, a jury in the U.S. District Court for the Northern District of California reached an unfavorable verdict for Samsung, saying that the South Korean electronics maker was
guilty of violating technology patents
. In other words, most of Samsung's smartphones and tablets in question were found guilt of copying Apple's iPhone and iPad designs.
It was ordered to pay $1.05 billion in damages to Apple.
Earlier this week,
Samsung Display decided to cut ties with Apple
, saying it will no longer ship LCDs to Apple next year. Its LCD shipments to Apple have been cut more and more over time due to Apple wanting huge discounts, but the recent patent infringement drama couldn't have helped either.
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RE: Tony double pwned by Cook and Ballmer
10/26/2012 9:08:09 AM
I believe he is alluding that it might be more profitable for Samsung to turn to it's other partner (Microsoft) and build a broader line of Windows 8 Phones as opposed to the great (in my opinion) Android devices they are turning out now.
RE: Tony double pwned by Cook and Ballmer
10/26/2012 12:46:40 PM
That's quite possible as Samsung is the only company making any real profits out of the Android ecosystem and now they are by far the largest Android OEM so it's they who can wag the Google tail. Samsung have clout.
How Samsung plays that position of strength in relation to squeezing Google is going to be fascinating to watch. I always thought it was a very real possibility that they might do an Amazon and just fork Android and say fuck off to Google. Maybe they could make a Microsoft play as well. At the moment Microsoft pays Nokia about $87 per handset shipped, and yet the Nokia road has not managed to end the marginalisation of Windows Phone so I am sure they are looking for alternatives.
"We basically took a look at this situation and said, this is bullshit." -- Newegg Chief Legal Officer Lee Cheng's take on patent troll Soverain
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