or Connect
AppleInsider › Forums › General › General Discussion › ITC issues US import ban on older iPhones and iPads for infringement of Samsung patents [u]
New Posts  All Forums:Forum Nav:

ITC issues US import ban on older iPhones and iPads for infringement of Samsung patents [u]

post #1 of 166
Thread Starter 
The U.S. International Trade Commission on Tuesday issued a limited U.S. import ban of older iPhone and iPad models after the body determined Apple had infringed on certain standard essential 3G wireless patents owned by Samsung.

Update: In statement to AllThingsD, Apple spokeswoman Kristin Huguet said, ?We are disappointed that the Commission has overturned an earlier ruling and we plan to appeal,?"Today?s decision has no impact on the availability of Apple products in the United States. Samsung is using a strategy which has been rejected by courts and regulators around the world. They?ve admitted that it?s against the interests of consumers in Europe and elsewhere, yet here in the United States Samsung continues to try to block the sale of Apple products by using patents they agreed to license to anyone for a reasonable fee.?

ITC


According to the ITC's determination, certain older 3G-capable iPhone and iPad models infringed on Samsung's U.S. Patent No. 7,706,348 for "Apparatus and method for encoding/decoding transport format combination indicator in CDMA mobile communication system," a deemed standard essential UMTS wireless technology. As a result, the trade body issued a limited import ban on the AT&T version of Apple's iPhone 4, 3GS and 3G, as well as cellular versions of the original iPad and iPad 2.

In its declaration, the ITC's six-member Commission noted it had determined any negative affect to "public interest factors," and Samsung's FRAND declarations, do not "preclude issuance of the limited exclusion order and cease and desist order."

As noted by FOSS Patents' Florian Mueller, the ITC's final determination brings an end to the investigation into Samsung's complaint against Apple. The import ban is scheduled to go into effect after a 60-day President review period, though Apple still has the right to appeal the ruling to the U.S. Court of Appeals for the Federal Circuit.

The decision terminates the investigation of Samsung's complaint against Apple. The exclusion order (import ban) will enter into force unless vetoed by the White House during the 60-day Presidential Review period. Apple can appeal the ruling to the United Startes Court of Appeals for the Federal Circuit.

Tuesday's determination comes after the trade commission delayed ruling twice during its investigation. The case stems from Samsung's complaint of patent infringement from June 2011, in which the Korean company leveraged five patents against the iPhone, iPad and iPod touch.

In September of 2012, ITC Administrative Law Judge James Gildea issued an initial determination clearing Apple of infringement, but a month later the Commission announced it would review the decision.

It should be noted that Apple's latest generation iPhone 5, 4S and certain iPhone 4 models, are not affected by the embargo as they use Qualcomm baseband chips which are covered under a third-party licensing agreement with Samsung.

post #2 of 166
Quote:
Originally Posted by AppleInsider View Post

standard essential 3G wireless patents

Huh?
I always appreciate an Android fan who puts his energy into advertising Apple products.
Reply
I always appreciate an Android fan who puts his energy into advertising Apple products.
Reply
post #3 of 166
lol. Not bad ITC. Impressed to overcome the pressures.
post #4 of 166
This is total bull! Apple is using Qualcomm product which provides the wireless technology. So the onus is on them. And what I understand that are clear with that. This is no difference than what they are doing in e-book situation. In past two weeks the Government is getting after Apple from every direction and they haven't done anything illegal. They are destroying a gem of the company that this country has!
post #5 of 166
This could be good for the stock ¡. Or perhaps better use an !
I’d rather have a better product than a better price.
Reply
I’d rather have a better product than a better price.
Reply
post #6 of 166
Quote:
Originally Posted by radster360 View Post

This is total bull! Apple is using Qualcomm product which provides the wireless technology. So the onus is on them. And what I understand that are clear with that. This is no difference than what they are doing in e-book situation. In past two weeks the Government is getting after Apple from every direction and they haven't done anything illegal. They are destroying a gem of the company that this country has!

Yes, quite the disaster that they will no longer be able to sell the iPhone 3, 3GS and the original 3G iPad. Oh wait. Only the AT&T versions of iPhone 4 and 3G iPad 2 are anything they still sell, but I seriously doubt Apple will be "destroyed" by having to take those 2 models out of sale.

post #7 of 166

This is hilarious!

 

I would laugh even more if Apple stopped producing the 4 and 4s and released a new and more accessible iPhone line in less than a week. 

post #8 of 166
Quote:
Originally Posted by Loptimist View Post

lol. Not bad ITC. Impressed to overcome the pressures.
The trolls sweep in quickly! Samsung is not banned after willingly, knowingly, purposefully copying nearly every single aspect of the iPhone and iPad and doesn't get immediately banned, and Apple is accused of using standard essential patents and they will get banned? Not a chance in hell. Apple actually has the right to use standard essential patents, its merely a case of licensing fees. Where did you go to law school?
post #9 of 166

The mainstream news now has story for tonight! This is very unfortunate. 

Cubist
Reply
Cubist
Reply
post #10 of 166
I have already issued a import ban against Samesung years ago.

Anything that holds this brand-name is banned from my house during my lifetime.

I hate thiefs and i hate companies that play faul games and fence stolen goods. They undermine the basic fundamentals of any civilized society.

And their taste is appalling.
post #11 of 166
Quote:
Originally Posted by FreeRange View Post

The trolls sweep in quickly! Samsung is not banned after willingly, knowingly, purposefully copying nearly every single aspect of the iPhone and iPad and doesn't get immediately banned, and Apple is accused of using standard essential patents and they will get banned? Not a chance in hell. Apple actually has the right to use standard essential patents, its merely a case of licensing fees. Where did you go to law school?

LOL.
post #12 of 166

How about samsung parts?

post #13 of 166
Apple just took another one in the patootie and still hasn't received that $1.2 billion settlement from Samsung yet. Oh, the humanity.
post #14 of 166
This gave me a nice buying opportunity in after hours trading 1smile.gif
post #15 of 166
Quote:
Originally Posted by radster360 View Post

This is total bull! Apple is using Qualcomm product which provides the wireless technology. So the onus is on them. 

 

Not so cut and dry. Starting with, I believe it was, the iPhone 4 and iPad 2, Qualcomm's deal with Samsung was for both creation and use by the buyer, thus 'exhausting' the patent. But prior to that the patent was possibly only for creation and it was up to Apple to verify exactly what was covered by Qualcomm and if use by the buyer wasn't covered then to arrange that license themselves. 

A non tech's thoughts on Apple stuff 

(She's family so I'm a little biased)

Reply

A non tech's thoughts on Apple stuff 

(She's family so I'm a little biased)

Reply
post #16 of 166
Originally Posted by AppleInsider View Post

... the trade body issued a limited import ban on the AT&T version of Apple's iPhone 4, 3GS and 3G, as well as cellular versions of the original iPad and iPad 2.

 

LOL.  All models that Apple would love to take off the market anyway.

If they aren't already EOL'd.

Sent from my iPhone Simulator

Reply

Sent from my iPhone Simulator

Reply
post #17 of 166

Apple will appeal, this will be thrown out, and the end result will be another investigation of Samsung for abusing SEP/FRAND patents.

post #18 of 166
Quote:
Originally Posted by FreeRange View Post

Apple is accused of using standard essential patents and they will get banned? Not a chance in hell.

Did you read the title of this article?

post #19 of 166
Quote:
Originally Posted by Loptimist View Post


LOL.

 

It's a fair question, Mr. Internet lawyer.

post #20 of 166
I would think that companies that abuse their industry standard patents would be less likely to be used in future industry standards.
post #21 of 166
Quote:
Originally Posted by Applelunatic View Post

Yes, quite the disaster that they will no longer be able to sell the iPhone 3, 3GS and the original 3G iPad. Oh wait. Only the AT&T versions of iPhone 4 and 3G iPad 2 are anything they still sell, but I seriously doubt Apple will be "destroyed" by having to take those 2 models out of sale.

 

Isn't it just an import ban? Is Apple still making (and importing) the iPhone 4 or iPad 2?

 

Nothing against selling any existing stock, if there is any.

post #22 of 166
Originally Posted by MacMichiel View Post
I have already issued a import ban against Samesung years ago. Anything that holds this brand-name is banned from my house during my lifetime.

 

I'll do you one better. I'll never purchase or use another Samsung product in my life. Nor will my children. Nor theirs. Nor theirs. Hopefully by the time I'm bouncing my great grandchildren on my knee, Samsung will have been bankrupted and its executives dragged into the street.


Originally Posted by anonymouse View Post
Apple will appeal, this will be thrown out, and the end result will be another investigation of Samsung for abusing SEP/FRAND patents.
 

With absolutely no punishment for them, of course.

post #23 of 166
Meh. Apple files an appeal and by the time the appeal gets heard the last remaining devices will no longer be sold anyway.

See Samsung? Apple can play this "tie things up in court until they don't matter" game as well.
post #24 of 166
Quote:
Originally Posted by CustomTB View Post

I would think that companies that abuse their industry standard patents would be less likely to be used in future industry standards.

BINGO. Samsung is burning bridges like crazy just to go after Apple. I've mentioned this before - if a standards body has two technologies to choose from, one from Samsung (with a proven history of abuse) and the other from someone like Cisco, who do think they'll choose?
post #25 of 166
Sixty days minimum puts it to early August but by then they wont need to import because they'll stop selling the 4 in September when the 5s arrives
post #26 of 166
Quote:
Originally Posted by Pendergast View Post

 

Isn't it just an import ban? Is Apple still making (and importing) the iPhone 4 or iPad 2?

 

Nothing against selling any existing stock, if there is any.

 

The iPhone 4 will be removed by Apple in three months anyway.

post #27 of 166
Quote:
Originally Posted by Loptimist View Post

lol. Not bad ITC. Impressed to overcome the pressures.

You spelt your username wrong.

It's spelt LOBOTOMY.
I always appreciate an Android fan who puts his energy into advertising Apple products.
Reply
I always appreciate an Android fan who puts his energy into advertising Apple products.
Reply
post #28 of 166

President Obama should veto the ruling.  Send a message to Samsung, and the traitor Google.....

post #29 of 166
Originally Posted by AppleGreen View Post
President Obama should veto the ruling.  Send a message to Samsung, and the traitor Google.....

 

It's not wartime. Yet. Provoke the North enough and, well… lol.gif

post #30 of 166
Quote:
Originally Posted by EricTheHalfBee View Post

Meh. Apple files an appeal and by the time the appeal gets heard the last remaining devices will no longer be sold anyway.

See Samsung? Apple can play this "tie things up in court until they don't matter" game as well.

I don't think they can appeal it. the President can overrule it, but that's the end of the line AFAIK.
melior diabolus quem scies
Reply
melior diabolus quem scies
Reply
post #31 of 166

This is all such BS. Samsung comes in and blatantly steals Apples RD and designs. Apple rightfully sues. Samsung continues running the copy machine while the getting is good. A handful of judges play ping pong over who is right and make stmts like "you are going to have to make the scope of this case smaller" regardless of what rights have been violated. Samsung loses and Apple is awarded $1.1 billion in damages which Apple has not seen any of. Now these D-Heads want to ban products (most of which have not shipped for years). How about Samsung pays for its theft before anything is held against Apple.

 

Maybe the culture of "copy and improve" is the asian way (see The Writing on the Wall: How Asian Orthography Curbs Creativity - Wm. C. Hannas) but it is outright theft in the rest of the world. Their idea of creativity or invention is what the rest of the world considers IP theft. If they want to compete in the rest of the world they need to play by world rules and last I checked IP ownership was part of law.


Edited by Damn_Its_Hot - 6/4/13 at 4:14pm
post #32 of 166
Quote:
Originally Posted by GTR View Post


You spelt your username wrong.

It's spelt LOBOTOMY.

 

 

+1

post #33 of 166
Quote:
Originally Posted by Tallest Skil View Post

 

It's not wartime. Yet. Provoke the North enough and, well… lol.gif

 

Where you been, Tally?  Apple has been warring with Google ever since SJ heard about Android and declared to wage a "thermonuclear..."  

post #34 of 166
"The import ban is scheduled to go into effect after a 60-day President review period..."

The word "President" is not an adjective. Don't you remember Schoolhouse Rock? 1smile.gif

"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
Reply

"Apple should pull the plug on the iPhone."

John C. Dvorak, 2007
Reply
post #35 of 166
Quote:
Originally Posted by Gatorguy View Post


I don't think they can appeal it. the President can overrule it, but that's the end of the line AFAIK.

Then further your knowledge and read the article ,

 

"The import ban is scheduled to go into effect after a 60-day President review period, though Apple still has the right to appeal the ruling to the U.S. Court of Appeals for the Federal Circuit."

 

Actually, you had it right with your first three words.

We've always been at war with Eastasia...

Reply

We've always been at war with Eastasia...

Reply
post #36 of 166
Time to investigate the ITC and find out who's buying them off.
post #37 of 166

Apple sure has pissed of the bureaucrats. Apple needs to throw some parties in DC or something. They just don't get social. No one wants to go uninvited to a big celebrity event so they'll never do anything that might cause rejection, retaliation, etc. Apple should be hosting dinners every week in Washington. Get with the program Apple and grease some palms for crying out loud.

Life is too short to drink bad coffee.

Reply

Life is too short to drink bad coffee.

Reply
post #38 of 166
Quote:
Originally Posted by Pendergast View Post

Isn't it just an import ban? Is Apple still making (and importing) the iPhone 4 or iPad 2?

Nothing against selling any existing stock, if there is any.

Mostly refrubs.
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
Reply
"Few things are harder to put up with than the annoyance of a good example" Mark Twain
"Just because something is deemed the law doesn't make it just" - SolipsismX
Reply
post #39 of 166
Originally Posted by AppleGreen View Post
Where you been, Tally?  Apple has been warring with Google ever since SJ heard about Android and declared to wage a "thermonuclear..."  

 

That I know. I'm far more interested in the Koreans.

post #40 of 166
Quote:
Originally Posted by diplication View Post

Then further your knowledge and read the article ,

"The import ban is scheduled to go into effect after a 60-day President review period, though Apple still has the right to appeal the ruling to the U.S. Court of Appeals for the Federal Circuit."


Actually, you had it right with your first three words.
Ah. thanks for that.
Do they have to wait until the Presidential review period is over before appealing to the Fed Circuit?
melior diabolus quem scies
Reply
melior diabolus quem scies
Reply
New Posts  All Forums:Forum Nav:
  Return Home
  Back to Forum: General Discussion
AppleInsider › Forums › General › General Discussion › ITC issues US import ban on older iPhones and iPads for infringement of Samsung patents [u]