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
Let us know how it feels
4/10/2013 3:22:57 AM
This ban is not merely unlikely but ultimately ineffectual to the 'cause' of market domination via litigation.
'Cuse the 'tude, but...
Apple needs a new market ploy to entice consumers, and I do not think the Dick Tracy trajectory will be enough.
"If you mod me down, I will become more insightful than you can possibly imagine." -- Slashdot
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