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AliveCor praises ITC for Apple Watch ban in the US as it still disputes with Apple

ECG Apple Watch

What seemed impossible a few weeks ago has come to pass: Apple Watch Ultra 2 and Apple Watch Series 9 sales have been banned in the US after the International Trade Commission (ITC) ruled that the devices infringed patents owned by health company Masimo. While Apple is certainly not happy about this, AliveCor – another health company – praised the ITC’s decision since it also accuses Apple of violating its patents.

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Ericsson sues Apple in Europe over alleged patent infringements following ITC investigation in US

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Ericsson is continuing its allegations that Apple has infringed on a number of its wireless patents, filing lawsuits against the company in Germany, Netherlands and the UK, reports Reuters. The patents concern basic mobile phone technologies, including both GSM and LTE.

The company previously asked the ITC to block iPhones from sale in the US market in respect of the same patent claims. The ITC agreed in March to investigate the claims.

Should Apple lose the cases in Europe, the sums involved would be relatively small, totalling between $240M and $725M according to analyst estimates.

Photo: AFP

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ITC agrees to Ericsson’s request to investigate Apple for alleged patent infringement, but iPhone ban unlikely

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Ericsson’s attempt to have the iPhone banned from US sale over a patent dispute moved one step forward yesterday as the ITC agreed to investigate. Ericsson claims that iPhones infringe a number of its patents for fundamental cellphone technologies, including both GSM and LTE. Apple denies any infringement, and says that Ericsson is in any case demanding unreasonable amounts.

In an attempt to up the ante, Ericsson called on the U.S. International Trade Commission to block imports of the iPhone into the country, and the ITC has now agreed to carry out an investigation, reports PC World.

The ITC did previously apply a limited ban to the iPhone 3GS, iPhone 4 and 3G iPads over a patent claim by Samsung (later overturned by President Obama), but in this case it seems likely that Ericsson is merely hoping that the possibility will force a faster settlement than would be reached through the courts.

Ericsson asks ITC to block iPhones from U.S. market in patent negotiating tactic

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Ericsson, an early pioneer in cellphone technology, has upped the ante in a patent dispute with Apple by asking the U.S. International Trade Commission to block the import of iPhones into the country.

Ericsson owns patents to a number of fundamental technologies used in all cellphones, including LTE, and Apple had been paying royalties for these up until mid-January when the license fell due for renewal, reports Bloomberg … 
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Samsung fails to obtain Presidential veto from Obama for Apple/ITC import ban case

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Samsung-Gavel

With a U.S. import ban previously issued by the ITC set to lock out certain Samsung devices at midnight last night, Bloomberg reports that the company has failed to obtain a veto from President Barack Obama:

The Korean company had argued that the ban should be overturned on public policy grounds, especially since a similar order it won against Apple was vetoed by the administration in August. Samsung can now seek a delay in the ban from a U.S. appeals court that will consider the entire case on legal grounds.

“After carefully weighing policy considerations, including the impact on consumers and competition, advice from agencies, and information from interested parties, I have decided to allow” the import ban to proceed, Obama’s designee, U.S. Trade Representative Michael Froman, said in a statement today.

In August, the US International Trade Commission ruled in favor of Apple and issued a sales ban on certain infringing Samsung devices in a long-running case that stemmed from a countersuit originally filed by Apple back in 2011. The news came shortly after the Obama administration’s decision to veto an ITC import ban on certain iPhone and iPad models that Samsung won in a separate case. Like Apple, Samsung was going to attempt to get a veto on the decision by the US President, the only person with the power to overturn ITC import bans. 
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DOJ says publishers once again colluding as Apple faces ITC/patent cases today

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This afternoon, Apple and the DOJ will be in court to decide the fate of the agency model implementation in the iBookstore. The court has already ruled that Apple has been working with publishers to price-fix and raise the prices of ebooks, but now a punishment must be determined.

This morning, the DOJ responded to publishers’ concerns about the remedies and claimed that, since they are even responding together, they have shown once again how they are banded together (PDF of full response – via GigaOM):

Indeed, the very fact that the Publisher Defendants have banded together once again, this time to jointly oppose two provisions in the Proposed Final Judgment that they believe could result in lower ebook prices for consumers, only highlights why it is necessary to ensure that Apple (and hopefully other retailers) can discount ebooks and compete on retail price for as long as possible.


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$1B wiped off Samsung’s value following Presidential veto; Samsung continues appeals

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Photo: tractoroutdoor.com

Photo: tractoroutdoor.com

The WSJ reports that more than a billion dollars were wiped off Samsung’s market value today following President Obama’s veto of the decision to ban the import of iPhone 4 and 3G iPad 2 devices into the USA. The fall represented 0.9 percent of the company’s market cap.

While a Presidential veto over-rules the original ITC ruling, the Financial Times reports that Samsung is appealing the ITC decision on the grounds that it only upheld one of the four patents it believes Apple has infringed. The appeal is expected to be held in Q1 2014. Were Apple to lose then, however, the impact would be significantly lower, as Apple is almost certain to have launched new iPhones and iPads by then, with the iPhone 4 and iPad 2 likely removed from Apple’s retail and online stores and seeing only residual sales elsewhere … 
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ITC will reconsider previous ruling that Samsung infringed Apple text-selection patent

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Text-selectionBack in April we noted that the International Trade Commission had handed down a preliminary ruling that Samsung infringed an Apple patent related to a text-selection feature in a number of its Galaxy devices and other smartphones. Today, Reuters reports that an ITC trade panel will now reconsider the decision in a review of the previous ruling ahead of a final decision in the patent battle:

The International Trade Commission said late Tuesday it would take a second look at an ITC judge’s decision that Samsung had infringed one Apple patent for a text-selection feature in its smartphones and tablets.

Bloomberg adds that the panel is looking for “additional arguments on three of the four patents that Judge Thomas Pender said were infringed, and comments on how an import ban would affect the public.”

The panel will also reconsider a decision in the same case that Samsung didn’t infringe a different patent related to detecting when other devices are plugged into a microphone jack.

The ITC, which could impose an import ban on accused devices, is expected to deliver a ruling in Samsung’s case against Apple on May 31. A final decision in Apple’s case against Samsung is expected on August 1st. 
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Apple in court: Samsung infringes key text-selection patent, anti-poaching class action blocked, slide to unlock invalidated in Germany

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Text-selectionApple’s decision to disable VPN on demand functionality on iOS due to the virnetX lawsuit isn’t the only patent related Apple news today. Head below for a roundup of Apple’s court woes and wins from earlier today:

Samsung infringes key text-selection patent: Reuters reports that the International Trade Commission has handed down a preliminary decision ruling Samsung infringed on an Apple patent related to a text-selection feature. However, the courts also ruled Samsung didn’t infringe another patent related to detecting when other devices are plugged into a microphone jack. If the text-selection decision is upheld, the result could be a U.S. import ban on Galaxy, Transform, and Nexus devices:
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ITC to reevaluate its September ruling that stated iOS devices don’t infringe on Samsung patents

According to Bloomberg, the International Trade Commission will reevaluate its Sept. 14 ruling that Cupertino, Calif.-based Apple did not infringe on any Samsung patents with its iOS devices. As many of you may remember, Samsung unsuccessfully tried to earn damages and block Apple’s iOS devices…for a second time. The first time was a separate case with the California court where Apple not only came out not guilty but also was victorious in its damage claims. Apple won upwards of $1 billion in damages from the South Korean electronics firm.

Jon Erlichman said the reevaluation ordered today would give Samsung another chance to try to sway the ITC in its direction in the hopes of winning. The ITC has the power to block imports of products that infringe on patents. It’s not clear why the ITC is reevaluating, but Reuters said a ruling is expected in January.

Upon its win this summer, Apple Chief Executive Officer Tim Cook expressed his gratitude to the jury. “We applaud them for finding Samsung’s behavior willful and for sending a loud and clear message that stealing isn’t right,” Cook said. “Today, values have won and I hope the whole world listens.”


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ITC launches investigation of Apple devices following Motorola complaint

The United States International Trade Commission announced today (via TNW) that it would launch an investigation of Apple devices, including iPhones, iPods, iPads and Macs, following a complaint filed by Motorola last month that sought an import ban related to seven patents. The release from the ITC does not provide many details and only stated it will investigate “certain wireless communication devices, portable music and data processing devices, computers, and components thereof” from Apple.

USITC INSTITUTES SECTION 337 INVESTIGATION ON CERTAIN WIRELESS COMMUNICATION DEVICES, PORTABLE MUSIC AND DATA PROCESSING DEVICES, COMPUTERS, AND COMPONENTS THEREOF

The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain wireless communication devices, portable music and data processing devices, computers, and components thereof. The products at issue in this investigation are certain Apple iPhones, iPods, iPads, and Apple personal computers.

The investigation is based on a complaint filed by Motorola Mobility LLC of Libertyville, IL, Motorola Mobility Ireland of Bermuda, and Motorola Mobility International Limited of Bermuda, on August 17, 2012. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain wireless communication devices, portable music and data processing devices, computers, and components thereof that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and a cease and desist order.

The USITC has identified Apple Inc. of Cupertino, CA, as the respondent in this investigation.

By instituting this investigation (337-TA-856), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.

Google’s attempt to block U.S. imports of iPhone and iPad thwarted as ITC remands investigation of one patent

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Following the verdict in the Apple vs. Samsung trial today, where Samsung was found guilty of infringing various Apple patents related to the case, Apple is also coming out a winner, at least temporarily, in Google/Motorola’s attempt to block imports of iPhones and iPads to the United States.

In late June, we told you about Google’s attempt to block U.S. imports of iPhones and iPads based on a previous ruling that Apple infringed on one standard-essential Motorola patent. The initial ruling was under review by the ITC, which has power to block U.S. imports of Apple devices from Asia, with a decision expected at a hearing scheduled for today.

The ITC has now concluded its review (via paid blogger FossPatents), finding no violations for three of the four patents in the initial suit (including the one mentioned above), but remanded an investigation on a fourth, non-standard essential patent to Judge Thomas Pender. The result? According to FossPatents, there might be a violation and import ban related to the patent, but a remand and ITC review could take up to a year:

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ITC rules: HTC violated Apple patents, some HTC devices banned in US starting April 19 [UPDATED]

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UPDATE [Wednesday, December 21, 2011 at 7:46am ET]: The article has been updated with a paragraph added to the bottom with a statement from HTC CEO Peter Chou saying his company is “testing” new devices meant to avoid the sales ban.

The International Trade Commission just ruled in favor of Apple in the Apple vs. HTC patent lawsuit regarding mobile devices [PDF document]. HTC was found guilty of violating Apple patent 5946647 that is described by Google Patent Search:

A system and method causes a computer to detect and perform actions on structures identified in computer data. The system provides an analyzer server, an application program interface, a user interface and an action processor. The analyzer server receives from an application running concurrently data having recognizable structures, uses a pattern analysis unit, such as a parser or fast string search function, to detect structures in the data, and links relevant actions to the detected structures. The application program interface communicates with the application running concurrently, and transmits relevant information to the user interface. Thus, the user interface can present and enable selection of the detected structures, and upon selection of a detected structure, present the linked candidate actions. Upon selection of an action, the action processor performs the action on the detected structure.

HTC has violated products. The ruling involved the phone’s software, and it is subject to an import ban on April 19, 2012. The ITC said HTC could continue to ship replacement devices for currently shipped products. Obviously, a ban on certain HTC products is a major blow to the company, and because this is software-based, other Android device manufactures should not be too pleased. You can read the ITC’s full ruling through the The Verge.


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HTC could drop its planned purchase of S3 Graphics following the ITC ruling favoring Apple

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Taiwanese handset maker HTC’s lawsuit against Apple over infringement of S3 Graphics’ patents has suffered a fatal blow (in addition to this one) as the United States International Trade Commission (ITC), which can block the import of products, reversed its earlier decision and ruled in favor of Apple on November 21. The Commission has officially ended its investigation of the case and HTC shares fell 4.9 percent on the news.

And now, Bloomberg reports that HTC “will reevaluate” its planned purchase of S3 Graphics following the ITC ruling.

HTC Corp. will reevaluate its planned purchase of S3 Graphics Co. after the target company lost a U.S. International Trade Commission ruling it brought against Apple Inc. over patent infringement, the Taoyuan, Taiwan-based company said in a statement today.

Just yesterday, HTC’s general counsel Grace Lei told DigiTimes yesterday his company “will consider an appeal”. But after closer inspection of the ITC ruling, the company clearly concluded the best course of action is to consider dropping the $300 million acquisition of graphics maker S3 Graphics announced back in June, which only proves this acquisition may have been planned as a leverage in HTC’s other legal dealings with the iPhone maker.


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Obama could override ITC in any device import blocks by Apple or Google

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Didn’t know this:

But another peculiarity of the ITC is that its rulings can be waived by the president. Verizon thinks it would be great if President Obama, in a blanket statement, made clear he would not let stand any decision blocking importation of consumer wireless devices. The parties then would have to recur to normal patent litigation, and whatever rights and wrongs are discovered could be settled by exchanges of cash. Mobile is a rare industry exhibiting growth, job creation and animal spirits. Who needs a paralyzing meltdown?

It will be interesting to see if the President will override if Apple wins any of the blockades it is seeking against Android devices in the ITC.  IF he does, Apple/Google/Microsoft/whoever will have to go through the longer patent dispute process.

Both iPhones and Android devices could be blocked by pending ITC rulings.

Some background:
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