Image by CNET

Image by CNET

According to several reports fresh off the wire, the International Trade Commission has just ruled in favour of Apple in the company’s long-running attempt to get the courts to implement a sales ban on certain infringing Samsung devices. The case stems back to a countersuit that Apple filed in 2011 following a lawsuit launched by Samsung that claimed several Apple device’s infringed its patents. Fosspatents reports:

Today the United States International Trade Commission (USITC, or just ITC) handed down its final ruling on Apple’s July 2011 complaint against Samsung. An import ban has been ordered and will take effect at the end of the 60-day Presidential review period.

The ITC found that Samsung does indeed infringe on the two patents asserted in the original case, including one often referred to as the “Steve Jobs” patent that covers touch screen features and another that detects when a headset or other device is plugged into an iPhone. 

The news follows the Obama administration’s decision to veto an ITC import ban on certain iPhone and iPad models that Samsung won in a separate case. While today’s decision will have to undergo a 60-day Presidential review, the ultimate impact of the ban will depend on the workarounds that Samsung implements in the meantime. Fosspatents also notes it would have a much more difficult time obtaining a presidential veto due to the circumstances of the case:

Even though there may be expectations in South Korea that Samsung should benefit from a Presidential veto only because Apple just won one last Saturday, “me too” doesn’t make sense here because standard-essential patents (SEPs) like the one over which the ITC wanted to grant Samsung an exclusion order come with FRAND (fair, reasonable and non-discriminatory) licensing obligations and can’t be worked around without prohibitive switching costs, while non-SEPs are traditional exclusionary rights and, most importantly, can be worked around. In fact, Samsung presented to the ITC products that it said (and Judge Pender agreed) don’t infringe. If legality is so readily available, a veto isn’t warranted.

Today Apple also attempted to convince a separate court to overturn a decision that let Samsung continue to sell products infringing on iPhone-related patents following a high-profile case last year that awarded Apple close to $1B in damages. A decision in that case isn’t expected for a few months and a new trial regarding some of the original damages is set for November.

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13 Responses to “Apple wins ITC ruling, some Samsung devices to receive US import ban”

  1. thejuanald says:

    So if Obama doesn’t veto this, every single person who applauded the veto better cry foul.


  2. This is great news! Clearly, there are no grounds to warrant a veto. Get Samsung out of America. It is time for Samsung to pay its dues. Samsung has found a way to make products on a fine line of infringement. Well, now the law has called them out on it. You cannot trade on the hard work of others. I just wish others who have a claim against Samsung would step up. If Samsung wants to be in the business, they better learn how to make solutions themselves and not steal from others.
    Samsung = Cheap products, no support, no storage space!


    • squpix says:

      Same applies to Apple, esp. the “You cannot trade on the hard work of others”. And the “Steve Jobs” patent is prior art/FRAND, but american courts favor american companies (even if they generate the mayor amount of revenue outside)


  3. I wish these import bans would stop on both sides. It’s bad for customers choice.

    @thejuanald The people who applauded the veto were people who hate Samsung and love Apple. They love anything that involves Samsung losing and Apple winning. This is Samsung losing so they will cheer.


  4. Faked Book says:

    If you people knew what it felt like to have others use your ideas and pass them off as your own without permission or credit, you wouldn’t be so quick to write off Samsung’s copycatting. I’ve personally dealt with people like this before and it’s f***ing enraging.


  5. No matter what product in any category theirs always a copycat, it’s what makes the world go round


  6. @Faked Book I know what it’s like to do work for someone and then not get paid the full amount. There is no excuse here for banning these products.


  7. First off. Do people realize that the Apple vs Samsung s*** is a completely dumb, and pointless argument? There will never be a winner or loser. And second. Why do so many of you even get so involved in these cases. YOU ARE NOT APPLE OR SAMSUNG. MOST OF THIS DOESN’T BENEFIT YOU! I mean really!


  8. Wow, that’ll sure teach Samsung not to violate patent laws. Oh, wait, banning a 2 1/2 year old smartphone technology that probably isn’t made or sold anymore likely won’t make any difference to anyone. So much for justice in a timely manner. The legal system is woefully ineffectual in technology fields.

    Oh, and to those saying that it will be hypocrisy if the President doesn’t veto this ban also. Get your facts straight, they aren’t even close to the same thing. Apple was banned for FRAND patents, Samsung is banned on non-FRAND patents. That is a HUGE difference that cannot be overlooked or overstated.


  9. I’m pleasantly surprised to see a lot of comments here that seem to agree with the fact that (1) the patent / IP system in the USA is totally f’ed up and (2) there are no winners or losers in any of these cases — but really imho the true losers are us; the consumers and taxpayers who are forced to endure this crap and have our court systems clogged with these nonsense jibberish gobbledygook cases. I’m glad to see less fanaticism and more common sense.