Sunday, August 11, 2013

ITC Says Samsung Violated Apple Patents, Calls For Sales Ban On ...

Apple won a seemingly decisive victory against Samsung in its patent-centric court battle last year, but the legal back-and-forth is far from over. The Cupertino company asked the Federal Circuit Court of Appeals in Washington D.C. to allow a sales ban on certain Samsung devices earlier today, and now the International Trade Commission has ruled that some of Samsung?s older devices violate two of Apple?s patents.

The punishment? A ban on the importation and sale of those devices in the United States, should the decision pass muster during a period of presidential review. President Obama has the option to overrule the ITC?s decision in this case (an ability he took advantage of before, to Apple?s benefit), but unless he does so Samsung and its U.S. subsidiaries can only continue to sell those devices for 60 days.

The ITC?s ban hinges on patents no. 7,479,949 and no. 7,912,501, which deal with touchscreen heuristics and the ability to detect when something is plugged into a headphone jack, respectively. The body also investigated claims that those same Samsung devices violated four additional Apple patents which mostly dealt with cosmetic issues like the ornamental design of a smartphone and the ability to display translucent images, but the ITC ultimately found no infringement there. Curiously, one of those four patents (no. 7,789,697 to be specific) seems thematically similar to the headphone jack patent the Samsung was found to have infringed, but Samsung managed to avoid getting dinged a third time.

Of course, we have to take age into account here ? Apple and Samsung have been arguing over the fate of these gadgets for years now, which means Samsung?s bottom line probably won?t be hurt too badly if the president doesn?t swoop in to overturn the ITC?s decision. We don?t yet have a full list of the devices that fall under the ITC?s exclusion order, but The Verge reports that we?re primarily looking at phones like the Samsung Continuum, Captivate, Fascinate, and the Galaxy S 4G. No one could blame you if you didn?t recognize any of those names: those devices are all pushing three years old, and it?s very unlikely that Samsung had any left sitting its in sales channels anyway. That said, the ITC?s ruling is final so there?s no way for Samsung to appeal the decision even if it wanted to ? it?s all up to a higher power now.

In case you?ve got a hankering for legal jargon, the full ruling can be found below:

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Samsung is one of the largest super-multinational companies in the world. It?s possibly best known for its subsidiary, Samsung Electronics, the largest electronics company in the world.

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Started by Steve Jobs, Steve Wozniak, and Ronald Wayne, Apple has expanded from computers to consumer electronics over the last 30 years, officially changing their name from Apple Computer, Inc. to Apple, Inc. in January 2007. Among the key offerings from Apple?s product line are: Pro line laptops (MacBook Pro) and desktops (Mac Pro), consumer line laptops (MacBook Air) and desktops (iMac), servers (Xserve), Apple TV, the Mac OS X and Mac OS X Server operating systems, the iPod, the...

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Source: http://techcrunch.com/2013/08/09/itc-says-samsung-violated-apple-patents-calls-for-sales-ban-on-older-samsung-devices/

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