ITC issues US import ban on older iPhones and iPads for infringement of Samsung patents [u]
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.?
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.
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.?
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.
Comments
Huh?
Quote:
Originally Posted by radster360
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.
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.
The mainstream news now has story for tonight! This is very unfortunate.
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.
LOL.
How about samsung parts?
Quote:
Originally Posted by radster360
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.
Originally Posted by AppleInsider
... 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.
Apple will appeal, this will be thrown out, and the end result will be another investigation of Samsung for abusing SEP/FRAND patents.
Quote:
Originally Posted by FreeRange
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?
Quote:
Originally Posted by Loptimist
LOL.
It's a fair question, Mr. Internet lawyer.
Quote:
Originally Posted by Applelunatic
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.