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

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

  1. MacRumors macrumors bot


    Apr 12, 2001

    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. Klae17 macrumors 6502a


    Jul 15, 2011
  3. ghostlines macrumors regular


    Feb 3, 2010
    Obama was quick to backup Apple, he already knew this would be the ruling. :eek:
  4. bbeagle macrumors 68040


    Oct 19, 2010
    Buffalo, NY
    There is no such thing as an iPhone 3! How could that infringe?
  5. ValSalva macrumors 68040


    Jun 26, 2009
    Burpelson AFB
    On and on and all that happens is that lawyers get rich :confused:
  6. strausd macrumors 68030

    Jul 11, 2008
    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. aheying7 macrumors member

    Jun 13, 2012
    And ipad 2
  8. Enectic macrumors member

    Jul 11, 2011
    The iPad 2 3G is also still being sold.

    EDIT: Refer to above. :)
  9. bbeagle macrumors 68040


    Oct 19, 2010
    Buffalo, NY
    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. Klae17 macrumors 6502a


    Jul 15, 2011
    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. vartanarsen macrumors 6502a

    Jul 2, 2010
  12. thejadedmonkey macrumors 604


    May 28, 2005
    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. Brandon263 macrumors 6502

    Sep 12, 2009
    Beaumont, CA
    Odd. I though this was in the federal court system. What does ITC have to do with the patent lawsuits?
  14. iAmUndefined macrumors member

    Mar 2, 2012

    Who would seriously buy an iPad 2 over an iPad Mini?
  15. paul4339 macrumors 65816

    Sep 14, 2009
    yes. Please stop selling the iPhone 4 and release the 5S already ... ;)
  16. KPOM macrumors G5

    Oct 23, 2010
    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. oneMadRssn macrumors 68040


    Sep 8, 2011
    Boston, MA
    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. KPOM macrumors G5

    Oct 23, 2010
    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. JoEw macrumors 65816


    Nov 29, 2009
  20. thekev macrumors 604


    Aug 5, 2010
    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. theheadguy macrumors 65816

    Apr 26, 2005
    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. Macboy Pro macrumors 6502a

    Feb 16, 2011
    Well, I am not a samsung fan, but Apple did go after a rectangle with rounded corners. :eek:
  23. KanosWRX macrumors 6502

    Jul 14, 2008
    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. doboy macrumors 68000

    Jul 6, 2007
  25. Mactendo macrumors 68000

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

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