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

Posted:
in General Discussion edited January 2014
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.

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Comments

  • Reply 1 of 263
    gtrgtr Posts: 3,231member
    standard essential 3G wireless patents

    Huh?
  • Reply 2 of 263
    loptimistloptimist Posts: 113member
    lol. Not bad ITC. Impressed to overcome the pressures.
  • Reply 3 of 263
    radster360radster360 Posts: 540member
    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!
  • Reply 4 of 263
    philboogiephilboogie Posts: 7,438member
    This could be good for the stock ¡. Or perhaps better use an !
  • Reply 5 of 263

    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.

  • Reply 6 of 263
    pedromartinspedromartins Posts: 1,333member


    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. 

  • Reply 7 of 263
    freerangefreerange Posts: 1,585member
    loptimist wrote: »
    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?
  • Reply 8 of 263
    citycity Posts: 522member


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

  • Reply 9 of 263
    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.
  • Reply 10 of 263
    loptimistloptimist Posts: 113member
    freerange wrote: »
    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.
  • Reply 11 of 263
    theshepherdtheshepherd Posts: 164member


    How about samsung parts?

  • Reply 12 of 263
    constable odoconstable odo Posts: 1,041member
    Apple just took another one in the patootie and still hasn't received that $1.2 billion settlement from Samsung yet. Oh, the humanity.
  • Reply 13 of 263
    This gave me a nice buying opportunity in after hours trading :)
  • Reply 14 of 263
    charlitunacharlituna Posts: 7,205member

    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. 

  • Reply 15 of 263
    sockrolidsockrolid Posts: 2,788member


    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.

  • Reply 16 of 263
    anonymouseanonymouse Posts: 6,570member


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

  • Reply 17 of 263
    macrulezmacrulez Posts: 2,455member

    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?

  • Reply 18 of 263
    pendergastpendergast Posts: 1,358member

    Quote:

    Originally Posted by Loptimist View Post





    LOL.


     


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

  • Reply 19 of 263
    customtbcustomtb Posts: 336member
    I would think that companies that abuse their industry standard patents would be less likely to be used in future industry standards.
  • Reply 20 of 263
    pendergastpendergast Posts: 1,358member

    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.

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