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Final ban hammer could drop in August

Last year Apple, Inc. (AAPL) looked to leverage the U.S. International Trade Commission as a backdoor to banning shipments of rival Samsung Electronics Comp., Ltd.'s (KSC:005930) immediately while the federal courts system grappled with its corresponding infringement suit against Samsung. Apple emerged victorious in a jury verdict in that suit last fall, but has since seen the victory jeopardized by patent invalidations.

Judge Thomas Pender ruled last October that Samsung's Galaxy Tab tablets and Nexus smartphones/tablets infringed on four of six patents owned by Apple, Inc. (AAPL).  Samsung request a re-review of that decision.  The results of that review -- which covered two of Apple's patents -- was filed Mar. 26 by Judge Pender.  That ruling was unsealed [PDF] last Friday.

In his more in-depth second review Judge Pender decided that Samsung's devices did not infringed on an audio jack patent -- U.S. Patent No. 7,912,501 "Audio I/O headset plug and plug detection circuitry", which he initially had ruled it had infringed.  However, he stuck his prior ruling that Samsung infringed on a process on text selection in a GUI -- U.S. Patent No. 5,949,432 "Method and apparatus for providing translucent images on a computer display."

Nexus 7
Apple may be able to ban Samsung's Nexus and Galaxy Tab devices in August.

The next step is for the full six-member commission to either approve or reject Judge Pender's ruling.  That decision is expected to come in August.

If the ruling is upheld, Samsung could see a large chunk of its tablet and smartphone lineup banned.  Samsung and Apple are currently winding up towards a second infringement case.  The case comes at a critical time for Apple, whose iPhone 5 sales are reportedly slowing as Samsung's Galaxy S IV nears.  The GSIV launches April 26.

Source: ITC



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Samsung, not Asus...
By kirbalo on 4/9/2013 2:09:38 PM , Rating: 2
Asus builds the Nexus 7.

Samsung builds the Nexus 10.




RE: Samsung, not Asus...
By retrospooty on 4/9/2013 2:15:57 PM , Rating: 3
And Neither are being banned. The Samsung "Nexus" being banned is the old one from 2011... and the tab... PRetty funny since both are old and WAY past thier prime sales-wise. Hell, the tab2 isnt even up to date, much less the tab.


RE: Samsung, not Asus...
By Shadowself on 4/9/2013 2:58:50 PM , Rating: 2
Right. The system is so slow that even if the bans were justified, the product cycle is two to three times shorter than the legal process.

The entire process is broken and useless -- at least with regard to mobile devices and computing systems.


RE: Samsung, not Asus...
By zozzlhandler on 4/9/2013 3:19:52 PM , Rating: 4
No, not useless. It is *extremely* useful - to lawyers.


RE: Samsung, not Asus...
By Flunk on 4/9/2013 3:01:07 PM , Rating: 3
I hear they'll be working on banning the Palm Pre next.


RE: Samsung, not Asus...
By retrospooty on 4/9/2013 3:39:43 PM , Rating: 2
They were... Palm just bear the suit with a preemptive closing ;)


RE: Samsung, not Asus...
By Nortel on 4/9/13, Rating: -1
RE: Samsung, not Asus...
By retrospooty on 4/9/2013 6:15:35 PM , Rating: 1
Awe, come on. Apple isn't THAT bad... They may be pompous, greedy, sue happy, copiers, liars and total hypocrites. But they aren't on the level of a mass murderer.


RE: Samsung, not Asus...
By Noonecares on 4/9/2013 8:07:48 PM , Rating: 2
They have the marketing team of Bin Laden's skill and expertise. How to get someone to kill people and themselves at the same time? How get people to buy my product year after year? How to get the best supplies for the cheapest prices? How to set prices, etc... I don't like Apple personally but you have to give them credit where its due. They were able to do what all other companies have been trying to do for years. They can get away with almost anything they want. They can probably go whaling in a boat made out of baby seal and polar bear hides and PETA would look the other way.


RE: Samsung, not Asus...
By inperfectdarkness on 4/10/2013 7:41:58 AM , Rating: 2
rather a tab 2 7" than an ipad mini.


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