ITC Rules Apple Infringed on Samsung Patents, Issues Cease and Desist Order for Older Apple Devices

Discussion in 'MacRumors.com News Discussion' started by MacRumors, Jun 4, 2013.

  1. macrumors bot

    MacRumors

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    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.
    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.
    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.
    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
     
  2. macrumors 6502a

    Klae17

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    #2
    WWDC got boring. This is way better!
     
  3. macrumors regular

    ghostlines

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    #3
    Obama was quick to backup Apple, he already knew this would be the ruling. :eek:
     
  4. macrumors 68030

    bbeagle

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    #4
    There is no such thing as an iPhone 3! How could that infringe?
     
  5. macrumors 68040

    ValSalva

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    #5
    On and on and all that happens is that lawyers get rich :confused:
     
  6. macrumors 68030

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    #6
    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?
     
  7. macrumors member

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    #7
    And ipad 2
     
  8. macrumors newbie

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    #8
    The iPad 2 3G is also still being sold.

    EDIT: Refer to above. :)
     
  9. macrumors 68030

    bbeagle

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    #9
    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.
     
  10. macrumors 6502a

    Klae17

    Joined:
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    #10
    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.
     
  11. macrumors 6502a

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    Jul 2, 2010
    #11
    Huh???? AT&T and CDMA do not mix!!!
     
  12. macrumors 604

    thejadedmonkey

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    #12
    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.
     
  13. macrumors 6502

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    #13
    Odd. I though this was in the federal court system. What does ITC have to do with the patent lawsuits?
     
  14. macrumors member

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    #14
    Yep

    Who would seriously buy an iPad 2 over an iPad Mini?
     
  15. macrumors 65816

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    #15
    yes. Please stop selling the iPhone 4 and release the 5S already ... ;)
     
  16. macrumors G4

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    #16
    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.
     
  17. macrumors 68000

    oneMadRssn

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    #17
    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.
     
  18. macrumors G4

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    #18
    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.
     
  19. macrumors 65816

    JoEw

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    #19
    Why is the banning only for old products?
     
  20. macrumors 603

    thekev

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    #20
    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?
     
  21. macrumors 6502a

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    #21
    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.
     
  22. macrumors 6502a

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    #22
    Well, I am not a samsung fan, but Apple did go after a rectangle with rounded corners. :eek:
     
  23. macrumors regular

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    Jul 14, 2008
    #23
    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!!!!!!!!!!!!!!!
     
  24. macrumors 65816

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    #24
    Why isn't this a FRAND patent? :confused:
     
  25. macrumors 6502a

    Joined:
    Oct 3, 2012
    #25
    Yawn... By the time Samsung proves iPhone 5 infringes on Samsung patents, Apple will release iPhone 7.
     

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