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Old Jun 4, 2013, 04:22 PM   #1
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ITC Rules Apple Infringed on Samsung Patents, Issues Cease and Desist Order for Older Apple Devices




The U.S. International Trade Commission today reached a decision [PDF] in the ongoing Apple vs. Samsung case, ruling that Apple infringed on Samsung Patent No. 7,706,348, titled "Apparatus and method for encoding/decoding transport format combination indicator in CDMA mobile communication system."

The ITC has issued a cease and desist order that prohibits the sale and distribution in the U.S. of older Apple products that infringe on specific claims (75-76 and 82-84) of the '348 patent, which includes AT&T models of the iPhone 4 and 3GS, the iPad 3G and the iPad 2 3G.
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Under the modified constructions, the Commission has determined that Samsung has proven that the accused iPhone 4 (AT&T models); iPhone 3GS (AT&T models); iPhone 3 (AT&T models); iPad 3G (AT&T models); and iPad 2 3G (AT&T models) infringe the asserted claims of the '348 patent. The win is the first in the United States for Samsung, after losing a major jury trial in 2012.
During the dispute, Apple unsuccessfully argued that as the '348 patent relates to standard technology that Samsung helped to establish, Samsung has a fair, reasonable, and non-discriminatory (FRAND) obligation that requires the company to license the patent on fair terms and prevents it from using the patent for an exclusion order.

The ITC did not agree, however, stating that Samsung's FRAND declarations "do not preclude issuance of the limited exclusion order and cease and desist order." Samsung reportedly demanded a licensing fee of 2.4% per device sold, which Apple found to be unreasonable.
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The Commission has further determined that the properly construed claims have not been proven by Apple to be invalid and that Samsung has proven that a domestic industry exists in the United States with respect to the '348 patent.
The ITC's decision is a final ruling, but the ban will not go into effect immediately and could be overridden by the White House in the next 60 days. If the decision is not vetoed, Apple will be able to file an appeal.

Newer versions of Apple's iPad and iPhone, including the fourth generation iPad, the iPad mini, the iPhone 4S and the iPhone 5, use different technology that does not infringe on Samsung's patent and these later devices will not be subject to the cease and desist order.

Update: Apple spokesperson Kristen Huguet issued the following statement to AllThingsD.
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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.
AllThingsD has has also posted the full ITC order banning some of Apple's devices.

Article Link: ITC Rules Apple Infringed on Samsung Patents, Issues Cease and Desist Order for Older Apple Devices
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Old Jun 4, 2013, 04:23 PM   #2
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Old Jun 4, 2013, 04:23 PM   #3
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Obama was quick to backup Apple, he already knew this would be the ruling.
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Old Jun 4, 2013, 04:23 PM   #4
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There is no such thing as an iPhone 3! How could that infringe?
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Old Jun 4, 2013, 04:24 PM   #5
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On and on and all that happens is that lawyers get rich
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Old Jun 4, 2013, 04:24 PM   #6
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Well the only one of these still being sold is the iPhone 4, but that won't be much longer. Is this really going to affect anything?
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Old Jun 4, 2013, 04:25 PM   #7
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Originally Posted by strausd View Post
Well the only one of these still being sold is the iPhone 4, but that won't be much longer. Is this really going to affect anything?
And ipad 2
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Old Jun 4, 2013, 04:25 PM   #8
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Originally Posted by strausd View Post
Well the only one of these still being sold is the iPhone 4, but that won't be much longer. Is this really going to affect anything?
The iPad 2 3G is also still being sold.

EDIT: Refer to above.
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Old Jun 4, 2013, 04:25 PM   #9
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Samsung fans, tell me how "Apparatus and method for encoding/decoding transport format combination indicator in CDMA mobile communication system." is something you support going after anyone for.

If you say, 'But Apple started it', just makes Samsung as bad as you claim Apple to be, and no more taking the high-road with Samsung.
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Old Jun 4, 2013, 04:26 PM   #10
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On and on and all that happens is that lawyers get rich
And what is wrong with getting compensated for the work you perform? I would love to hire you and not pay any wages or commissions.
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Old Jun 4, 2013, 04:26 PM   #11
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Huh???? AT&T and CDMA do not mix!!!
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Old Jun 4, 2013, 04:27 PM   #12
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Quote:
Originally Posted by bbeagle View Post
Samsung fans, tell me how "Apparatus and method for encoding/decoding transport format combination indicator in CDMA mobile communication system." is something you support going after anyone for.
I'm no Samsung fan, but I can tell you that developing microcontrollers and software for them isn't super easy. If Samsung did it, patented it, and then Apple used it, Apple is in the wrong.
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Old Jun 4, 2013, 04:28 PM   #13
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Odd. I though this was in the federal court system. What does ITC have to do with the patent lawsuits?
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Old Jun 4, 2013, 04:28 PM   #14
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Yep

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Originally Posted by Enectic View Post
The iPad 2 3G is also still being sold.

EDIT: Refer to above.
Who would seriously buy an iPad 2 over an iPad Mini?
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Old Jun 4, 2013, 04:29 PM   #15
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yes. Please stop selling the iPhone 4 and release the 5S already ...
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Old Jun 4, 2013, 04:29 PM   #16
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Quote:
Originally Posted by strausd View Post
Well the only one of these still being sold is the iPhone 4, but that won't be much longer. Is this really going to affect anything?
Quote:
Originally Posted by bbeagle View Post
Samsung fans, tell me how "Apparatus and method for encoding/decoding transport format combination indicator in CDMA mobile communication system." is something you support going after anyone for.

If you say, 'But Apple started it', just makes Samsung as bad as you claim Apple to be, and no more taking the high-road with Samsung.
Quote:
Originally Posted by vartanarsen View Post
Huh???? AT&T and CDMA do not mix!!!
Foss Patents said it is a major surprise, as the ITC rejected the FRAND defense that other federal courts have accepted. It's entirely possible that the White House will veto this.


Regarding CDMA, note that 3G uses WCDMA, which depends on some of the same patents as CDMA2000.
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Old Jun 4, 2013, 04:32 PM   #17
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Odd. I though this was in the federal court system. What does ITC have to do with the patent lawsuits?
ITC is often used in patent litigation to block the importation of infringing devices. You can't win monetary damages in the ITC, only an injunction against import. However, that injunction or potential injunction is a huge bargaining chip when in settling the case.
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Old Jun 4, 2013, 04:33 PM   #18
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Originally Posted by Brandon263 View Post
Odd. I though this was in the federal court system. What does ITC have to do with the patent lawsuits?
Forum shopping. Both Apple and Samsung have cases at the ITC against each other. The ITC's only remedy is an import ban. Courts can impose monetary damages.
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Old Jun 4, 2013, 04:34 PM   #19
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Why is the banning only for old products?
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Old Jun 4, 2013, 04:34 PM   #20
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Quote:
Originally Posted by bbeagle View Post
Samsung fans, tell me how "Apparatus and method for encoding/decoding transport format combination indicator in CDMA mobile communication system." is something you support going after anyone for.

If you say, 'But Apple started it', just makes Samsung as bad as you claim Apple to be, and no more taking the high-road with Samsung.
There's no logic to any of it if it's an argument between fan bases. Also did you even read the claims or just the title? If you read the claims do you understand any of the terms used?
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Old Jun 4, 2013, 04:34 PM   #21
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Quote:
Originally Posted by Brandon263 View Post
Odd. I though this was in the federal court system. What does ITC have to do with the patent lawsuits?
The Commission adjudicates cases involving imports that allegedly infringe intellectual property rights. Through such proceedings, the agency facilitates a rules-based international trading system.

Although companies may be suing each other in federal court, that in and of itself does not abridge any and all rights they have that involve other federal agencies.
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Old Jun 4, 2013, 04:34 PM   #22
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Quote:
Originally Posted by bbeagle View Post
Samsung fans, tell me how "Apparatus and method for encoding/decoding transport format combination indicator in CDMA mobile communication system." is something you support going after anyone for.

If you say, 'But Apple started it', just makes Samsung as bad as you claim Apple to be, and no more taking the high-road with Samsung.
Well, I am not a samsung fan, but Apple did go after a rectangle with rounded corners.
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Old Jun 4, 2013, 04:36 PM   #23
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These two companies should just call it a wash and continue on with business and stop making a bunch of lawyers millionaires.. that's the last thing we need! I hate knowing a percentage of my money when I buy these devices goes to all the legal fees!!!!!!!!!!!!!!!
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Old Jun 4, 2013, 04:36 PM   #24
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Why isn't this a FRAND patent?
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Old Jun 4, 2013, 04:36 PM   #25
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Yawn... By the time Samsung proves iPhone 5 infringes on Samsung patents, Apple will release iPhone 7.
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