Apple files appeal to broaden ITC import ban against Samsung
In a court filing made last week, it was revealed that Apple has officially lodged an appeal of unfavorable decisions made by the U.S. International Trade Commission in its decision to levy an import ban against certain Samsung products.
Despite the U.S. government shutdown, the ITC published Apple's Notice of Appeal and Petition for Review, which was submitted to the trade body last Wednesday and discovered on Tuesday by FOSS Patents' Florian Mueller.
With the Federal Circuit appeal, Apple is looking to not only reverse certain ITC decisions that cleared Samsung to create design workarounds to avoid the ban, but could broaden the decision to include products that are currently on sale in the U.S.
When Apple first won the embargo in August, the ITC found infringement on two patents. If Apple wins the appeal, it is plausible that three additional patents could be found infringed, as well as modified claims on patents already asserted. This may broaden the import ban to include newer Samsung devices.
As such, Mueller notes that the appeal will likely focus on patents pertinent to current or future products, while leaving out arguments for designs that are easily worked around or no longer apply to the Korean company's lineup. The existing ban has been in effect since Oct. 8 and largely applies to discontinued models.
When the ITC resumes operations after the government shutdown, Samsung will no doubt make an appeal of its own. The company had to wait for the Presidential review period to complete before filing because a veto would have obviated an appeal. Unlike Samsung's ITC ban against Apple, which President Barack Obama vetoed in August, no such relief was handed down in the most recent embargo.
Despite the U.S. government shutdown, the ITC published Apple's Notice of Appeal and Petition for Review, which was submitted to the trade body last Wednesday and discovered on Tuesday by FOSS Patents' Florian Mueller.
With the Federal Circuit appeal, Apple is looking to not only reverse certain ITC decisions that cleared Samsung to create design workarounds to avoid the ban, but could broaden the decision to include products that are currently on sale in the U.S.
When Apple first won the embargo in August, the ITC found infringement on two patents. If Apple wins the appeal, it is plausible that three additional patents could be found infringed, as well as modified claims on patents already asserted. This may broaden the import ban to include newer Samsung devices.
As such, Mueller notes that the appeal will likely focus on patents pertinent to current or future products, while leaving out arguments for designs that are easily worked around or no longer apply to the Korean company's lineup. The existing ban has been in effect since Oct. 8 and largely applies to discontinued models.
When the ITC resumes operations after the government shutdown, Samsung will no doubt make an appeal of its own. The company had to wait for the Presidential review period to complete before filing because a veto would have obviated an appeal. Unlike Samsung's ITC ban against Apple, which President Barack Obama vetoed in August, no such relief was handed down in the most recent embargo.
Comments
Just ban everything.
Out of frustration, US system should ban all the Samsung products first then the case should be fought for every model released and if Samsung wins that particular model, they are allowed to sell!
By Default- Samsung Copies Everything and to prove the system wrong, they need to prove first before they can sell anything!
Just wish it could be a worldwide rule outside of SK, & not just the US it would have an effect on.
Components / parts excluded though, where necessary.
Just ban everything.
Given the state of world economies at the moment, advocating the opening shot in a major trade war isn't going to do Apple or anyone else any good.
Given the mood of some politicians in the US towards Apple's tax exploits, I would have thought it unwise of Apple to constantly be calling for more and more effort by the federal government on it's behalf. I am surprised Obama didn't tell Tim Cook that if he wanted a speedier response to litigating patent issues, he ought to pay for it.
Given the mood of some politicians in the US towards Apple's tax exploits,
And Apple were found innocent of any wrong doing in that.
As the saying goes, 'Didn't you get the memo?'
Obama should not have vetoed the ITC ruling against Apple. It was pure favoritism.
The ITC ruling was over standards-essential patents. Obama would have vetoed any ban for any company on this grounds, in fact he explicitly stated that this was the precedent he wanted to set after he did not veto the Samsung ban (which was over non-essential patents).
(Also, I don't see how you can call favouritism when they're clearly on Jeff Bezos' speed dial)
Why dont you go cry to your mommy in the next room so she can make you feel better about being a prick.
Given the state of world economies at the moment, advocating the opening shot in a major trade war isn't going to do Apple or anyone else any good.
Given the mood of some politicians in the US towards Apple's tax exploits, I would have thought it unwise of Apple to constantly be calling for more and more effort by the federal government on it's behalf. I am surprised Obama didn't tell Tim Cook that if he wanted a speedier response to litigating patent issues, he ought to pay for it.
Obama wasn't there, and the senators just aren't that quick witted and were more concerned with giving Apple the 'disappointed parent' stare. That would have been the sound bite that stole the show if one of them had responded:
"You could always try your luck by litigating from the Irish judicial system instead, Tim"