Ericsson wants US import ban on Samsung products

Ericsson's complaint, filed with the ITC, closely follows two patent lawsuits against Samsung

Just a few days after Ericsson filed several patent-infringement lawsuits against Samsung in the U.S., the Swedish mobile phone company also filed a complaint with the U.S. International Trade Commission (ITC), asking for an import ban of a wide range of Samsung products, including the Galaxy S III and the Galaxy Note.

Ericsson alleges that Samsung violates Section 337 of the Tariff Act by importing patent-infringing products into the U.S and selling them, according to a complaint that was published by the ITC on Monday.

"Ericsson seeks a limited exclusion order specifically directed to Samsung excluding from entry into the United States certain consumer electronics, including mobile phones tablets, televisions, and media players that infringe on one or more patents," Ericsson wrote in the complaint.

Amazon CTO Werner Vogels: The ‘four commandments’ for 21st century application architecture
Netflix CEO: Cloud currently akin to pre-compiler era

If the ITC decides in favor of Ericsson, the public interest will be served because "an adequate supply of substitute devices will be available to at least Ericsson and its current licensees," and because the accused devices are not necessary for any health or welfare need, the company said. "The strong public interest in protecting Ericsson's valid intellectual property rights outweighs any potential adverse impact on the public," Ericsson added.

In addition to the Galaxy S III and the Galaxy Note, Ericsson alleges that Samsung infringes on its patents with the Samsung Captivate Slide as well as several TVs and the Galaxy Tab 7.7, among other devices.

Technologies at issue relate to electronic devices for wireless communications and data transfer including Radio Frequency (RF) technology and in some cases standardized communication protocols including GSM, GPRS, EDGE, W-CDMA, LTE, and 802.11 Wi-Fi standards, Ericsson said in the filing.

If the imported products are found to violate the Tariff Act, the ITC can issue a general or limited exclusion order, meaning that all or part of the products named in the complaint can be banned from being imported into the U.S., said Peg O'Laughlin, public affairs officer at the ITC. "The published document means that the complaint is filed," she said, adding that the complaint will now be reviewed, which typically takes 30 days. Then the Commission will decide whether it will begin an investigation, she said.

Ericsson's ITC complaint, filed on Friday, shortly follows two lawsuits that the company filed against Samsung last Tuesday in the U.S. District Court for the Eastern District of Texas.

The suits were filed because Ericsson said it could not reach a license agreement for its patents with Samsung on fair, reasonable and non-discriminatory (FRAND) terms after two years of negotiations. Samsung was asked to pay the same rate as its competitors, but Samsung refused, according to Ericsson.

Samsung had licensed Ericsson patents before. However, according to a statement released by Samsung last week, Ericsson demanded "significantly higher royalty rates for the same patent portfolio," adding that it planned to "take all necessary legal measures to protect against Ericsson's excessive claims."

Samsung declined to comment on the ITC complaint. Ericsson did not respond to a request for comment.

Loek is Amsterdam Correspondent and covers online privacy, intellectual property, open-source and online payment issues for the IDG News Service. Follow him on Twitter at @loekessers or email tips and comments to loek_essers@idg.com

Join the Good Gear Guide newsletter!

Error: Please check your email address.

Tags Ericssonintellectual propertySamsung Electronicslegalpatent

Our Back to Business guide highlights the best products for you to boost your productivity at home, on the road, at the office, or in the classroom.

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Loek Essers

IDG News Service
Show Comments

Essentials

Lexar® JumpDrive® S57 USB 3.0 flash drive

Learn more >

Microsoft L5V-00027 Sculpt Ergonomic Keyboard Desktop

Learn more >

Mobile

Lexar® JumpDrive® S45 USB 3.0 flash drive 

Learn more >

Exec

Lexar® Professional 1800x microSDHC™/microSDXC™ UHS-II cards 

Learn more >

Lexar® JumpDrive® C20c USB Type-C flash drive 

Learn more >

HD Pan/Tilt Wi-Fi Camera with Night Vision NC450

Learn more >

Audio-Technica ATH-ANC70 Noise Cancelling Headphones

Learn more >

Budget

Back To Business Guide

Click for more ›

Most Popular Reviews

Latest News Articles

Resources

PCW Evaluation Team

Azadeh Williams

HP OfficeJet Pro 8730

A smarter way to print for busy small business owners, combining speedy printing with scanning and copying, making it easier to produce high quality documents and images at a touch of a button.

Andrew Grant

HP OfficeJet Pro 8730

I've had a multifunction printer in the office going on 10 years now. It was a neat bit of kit back in the day -- print, copy, scan, fax -- when printing over WiFi felt a bit like magic. It’s seen better days though and an upgrade’s well overdue. This HP OfficeJet Pro 8730 looks like it ticks all the same boxes: print, copy, scan, and fax. (Really? Does anyone fax anything any more? I guess it's good to know the facility’s there, just in case.) Printing over WiFi is more-or- less standard these days.

Ed Dawson

HP OfficeJet Pro 8730

As a freelance writer who is always on the go, I like my technology to be both efficient and effective so I can do my job well. The HP OfficeJet Pro 8730 Inkjet Printer ticks all the boxes in terms of form factor, performance and user interface.

Michael Hargreaves

Windows 10 for Business / Dell XPS 13

I’d happily recommend this touchscreen laptop and Windows 10 as a great way to get serious work done at a desk or on the road.

Aysha Strobbe

Windows 10 / HP Spectre x360

Ultimately, I think the Windows 10 environment is excellent for me as it caters for so many different uses. The inclusion of the Xbox app is also great for when you need some downtime too!

Mark Escubio

Windows 10 / Lenovo Yoga 910

For me, the Xbox Play Anywhere is a great new feature as it allows you to play your current Xbox games with higher resolutions and better graphics without forking out extra cash for another copy. Although available titles are still scarce, but I’m sure it will grow in time.

Featured Content

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?