ITC orders US import ban on some iPhones, iPads in Samsung patent dispute

Nancy Weil
5 June, 2013
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Apple infringed a Samsung Electronics patent, the US International Trade Commission said in a final judgement released on Tuesday that bans import into the US of certain AT&T iPhone and iPad models.

The patent involves 3G wireless technology used to transmit multiple services simultaneously and is necessary for device interoperability. The ITC found that Samsung did not prove that three other of its patents were violated by Apple.

The full panel of ITC commissioners reviewed a decision by ITC Judge James Gildea, who had found that Apple did not infringe four Samsung patents in a decision released in September. Commissioner Dean Pinkert dissented in the 4-1 ruling that found Apple in violation of one patent in the dispute. The ITC began an investigation on 1 August 2011, after Samsung filed a complaint against Apple in what has been a multiple-pronged legal battle involving courts around the world.

The import ban, or ‘exclusion order’ as it is officially called, affects AT&T models of the iPhone 4, iPhone 3GS, iPad 3G and iPad 2 3G. The ITC also went a step further, issuing a cease-and-desist order so that Apple is forbidden from selling any inventory of those iPhones and iPads that it has already imported into the US after the exclusion order takes effect.

The order now goes to US President Barack Obama for review. That part of the process can take as long as 60 days, and if he does not veto the order it will go into force.

Apple released a statement expressing disappointment in the ruling and saying that it would appeal it. That appeal would be made to the US Court of Appeals for the Federal Circuit.

The ruling confirms “Apple’s history of free-riding on Samsung’s technological innovations,” Samsung said in a statement. The company, which is based in South Korea, further pledged to continue its decades of mobile technology research and development, and to offer innovative products in the US.

by Nancy Weil, IDG News Service

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