Samsung posts bonds with ITC, suggests continued infringement of Apple patents
Following its defeat in court on Friday, Samsung has posted surety bonds with the U.S. International Trade Commission, a move that strongly suggests the South Korean tech giant is still importing and selling at least some products that infringe on Apple-held patents.
In handing down a victory for Apple on Friday, the ITC left open the possibility for Samsung to continue to import and sell infringing phones, media players, and tablet computers so long as the firm posted a surety bond of 1.25 percent. As Foss Patents' Florian Mueller notes, Samsung has now posted that bond, which will forestall sales bans on infringing products until the completion of a 60-day Presidential review period.
Following the ruling, a Samsung spokesperson said that "upon a thorough review of the order, we will decide upon which measures to take."
The amount of the bond posted is unknown, as that figure is redacted in the letter of receipt from ITC Secretary Lisa Barton to Samsung. The bond is meant to ensure that Apple can recover damages in the event that Samsung's liquidity changes between now and the cessation of ITC proceedings.
What is notable is that the bond is intended to specifically to cover infringing products, not those products for which Samsung has already developed a workaround. The South Korean firm has already done as much with a number of Apple patents, including some multitouch features and a mechanism for detecting when a headphone jack has been inserted into the unit's plug. An administrative law judge has consequently cleared such products for continued importation and sale in the U.S., and the workarounds were additionally supported by Judge Thomas Pender.
As Mueller points out, the posting of the bond, then, would seem to indicate that Samsung is aware that some number of the products it is still importing still infringe on Apple-held patents. Further, it would appear that the firm has been importing such products throughout the duration of the ITC's investigation.
The ITC's decision covers "electronic digital media devices that infringe one or more of [the patent claims-in-suit that the ITC deemed valid and infringed and that satisfied the domestic industry requirement]," according to Mueller. That definition could well cover products as new as Samsung's flagship Galaxy S4. Apple has already tried to add that model and others to the suit, saying that the GS4 and newer Samsung models still infringed its patents.
In handing down a victory for Apple on Friday, the ITC left open the possibility for Samsung to continue to import and sell infringing phones, media players, and tablet computers so long as the firm posted a surety bond of 1.25 percent. As Foss Patents' Florian Mueller notes, Samsung has now posted that bond, which will forestall sales bans on infringing products until the completion of a 60-day Presidential review period.
Following the ruling, a Samsung spokesperson said that "upon a thorough review of the order, we will decide upon which measures to take."
The amount of the bond posted is unknown, as that figure is redacted in the letter of receipt from ITC Secretary Lisa Barton to Samsung. The bond is meant to ensure that Apple can recover damages in the event that Samsung's liquidity changes between now and the cessation of ITC proceedings.
What is notable is that the bond is intended to specifically to cover infringing products, not those products for which Samsung has already developed a workaround. The South Korean firm has already done as much with a number of Apple patents, including some multitouch features and a mechanism for detecting when a headphone jack has been inserted into the unit's plug. An administrative law judge has consequently cleared such products for continued importation and sale in the U.S., and the workarounds were additionally supported by Judge Thomas Pender.
As Mueller points out, the posting of the bond, then, would seem to indicate that Samsung is aware that some number of the products it is still importing still infringe on Apple-held patents. Further, it would appear that the firm has been importing such products throughout the duration of the ITC's investigation.
The ITC's decision covers "electronic digital media devices that infringe one or more of [the patent claims-in-suit that the ITC deemed valid and infringed and that satisfied the domestic industry requirement]," according to Mueller. That definition could well cover products as new as Samsung's flagship Galaxy S4. Apple has already tried to add that model and others to the suit, saying that the GS4 and newer Samsung models still infringed its patents.
Comments
Import ban on South Korea.
Could there be a better couple ? The thief and the fence...
Quote:
Originally Posted by MacMichiel
Google - Samesung... A marriage that was meant to be. Written in the stars !
Could there be a better couple ? The thief and the fence...
+1 I Could not have said it better!
Quote:
Originally Posted by MacMichiel
Google - Samesung... A marriage that was meant to be. Written in the stars !
Could there be a better couple ? The thief and the fence...
Which one is which?
Time to make some popcorn.
Decisions takes so long that company will not care about Older models. Galaxy S4 will be banned when S8 will be the current product. System is flawed!!!
Today is the celebration of Gwangbokjeol - Liberation Day or Restoration of Light Day.
Thus we say
DOWN WITH AMERICA!
DOWN WITH JAPAN!
DOWN WITH GERMANY!
AND FINALLY, DOWN WITH APPLE!
KOREA FIGHTING!
Quote:
Originally Posted by exom
Today is the celebration of Gwangbokjeol - Liberation Day or Restoration of Light Day.
Thus we say
DOWN WITH AMERICA!
DOWN WITH JAPAN!
DOWN WITH GERMANY!
AND FINALLY, DOWN WITH APPLE!
KOREA FIGHTING!
Thanks for the laugh.
Quote:
Originally Posted by anantksundaram
Thanks for the laugh.
YOU ARE "WELCOME" IMPERIALIST!
Quote:
Originally Posted by exom
YOU ARE "WELCOME" IMPERIALIST!
You're welcome for our Military.
Quote:
Originally Posted by mdriftmeyer
You're welcome for our Military.
Don't get me started. Our military has no business being in Korea, Germany or anywhere else beyond our borders these days.
Quote:
Originally Posted by exom
Today is the celebration of Gwangbokjeol - Liberation Day or Restoration of Light Day.
Thus we say
DOWN WITH AMERICA!
DOWN WITH JAPAN!
DOWN WITH GERMANY!
AND FINALLY, DOWN WITH APPLE!
KOREA FIGHTING!
Ah, that was good for a giggle!
I like you kid. You got moxie.
Once we clean you up and teach you to count we'll make one hell of a team...
(You do realise that Apple is IN America? You took them down twice)
Quote:
Originally Posted by exom
YOU ARE "WELCOME" IMPERIALIST!
Hahaha. What no Imperialist.. pig ? No Imperialist ... dog ?
Disappointing. Anyway, this is not intended to be a forum for insults, so go out and get some yummy Korean BBQ. And lighten up.
Originally Posted by exom
Korea Fighting!
We banned your last twelve accounts. Are you legitimately mentally challenged or do you need explicitly told what we mean when we do that?
Quote:
Originally Posted by Tallest Skil
We banned your last twelve accounts. Are you legitimately mentally challenged or do you need explicitly told what we mean when we do that?
We?!
You are not an admin, why "we"?
Originally Posted by exom
[post]
Guess you do: DO NOT COME BACK TO OUR WEBSITE.
Quote:
Originally Posted by Tallest Skil
Guess you do: DO NOT COME BACK TO OUR WEBSITE.
Hello, Tally!
Shouldn't you be focussing on putting your country back together?
Quote:
Originally Posted by GTR
Shouldn't you be focussing on putting your country back together?
?!
It's a new standard; they're actually exchangeable.