ITC Review Upholds Apple's Ban on Samsung Nexus, Galaxy Tab Shipments
April 9, 2013 1:42 PM
comment(s) - last by
Final ban hammer could drop in August
Last year Apple, Inc. (
) looked to leverage the
U.S. International Trade Commission
as a backdoor to banning shipments of rival Samsung Electronics Comp., Ltd.'s (
) immediately while the federal courts system grappled with its corresponding infringement suit against Samsung. Apple
in a jury verdict in that suit last fall, but has since seen the victory jeopardized by
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
[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."
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
Samsung's Galaxy S IV nears
. The GSIV launches April 26.
This article is over a month old, voting and posting comments is disabled
4/9/2013 2:56:48 PM
And money still goes to Apple. Or don't you remember that HTC entered into a licensing agreement with Apple over Apple's Design Patents and Apple's Systems and Methods Patents? Under this scenario (you buying a HTC tablet) Apple does not even have to build anything, sell you anything or even support anything -- and Apple still makes a profit.
Seems like Apple is the one who has
So go ahead and buy an HTC phone or tablet and increase Apple's profits!
I personally feel that Design Patents should be extremely restricted in scope and be required to be extremely specific and detailed. Plus, Systems and Methods Patents should be outlawed (even though the vast majority of my patents are Systems and Methods Patents). If this were to come to pass [it won't] the vast majority of Apple's (and Samsung's for that matter) patents would be instantly voided.
4/9/2013 3:01:49 PM
Don't forget that they're also paying off Microsoft.
4/10/2013 3:07:29 PM
That's why I'll be buying a Nokia shortly :P Why not cut to the chase, huh?
"So if you want to save the planet, feel free to drive your Hummer. Just avoid the drive thru line at McDonalds." -- Michael Asher
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