US ITC to review decision in Apple complaint against Samsung

A Commission judge had earlier ruled that Samsung infringed four Apple patents

The U.S. International Trade Commission has decided to review an earlier decision that found Samsung Electronics' products infringed four patents owned by Apple.

The four patents relate to the ornamental design of a device, commands through finger contacts on touchscreen displays, a method and apparatus for producing translucent images on a device, and audio I/O headset plug and plug circuitry.

The commission, which has the authority to ban products from sale in the U.S., said on Wednesday that it had decided to review a decision in October by the administrative law judge (ALJ) , which found that Samsung had infringed four Apple patents in its products, while also ruling that Apple's complaint with regard to two other patents was disallowed.

The ITC on Wednesday also decided to remand the investigation to the ALJ with regard to two patents.

In a recommendation in November, ALJ Thomas B. Pender said that the commission if it finds a violation should issue a limited exclusion order directed at Samsung's products found to infringe U.S. Patent numbers D618,678, 7,479,949, RE41,922, and 7,912,501. A limited exclusion order instructs the U.S. Customs Service to exclude from entry all articles covered by the patents at issue, and that originate from a named respondent in the investigation, in this case Samsung.

Pender also recommended that Samsung should be required to post a bond of the entered value for mobile phones, media players and tablet computers that infringe the patents during the period when the U.S. President reviews the exclusion order.

In a filing in December to the ITC, Google said that "Apple asserts patents that cover only small aspects of the feature-packed Android platform and that do not drive consumer demand. These interests do not justify an exclusion order." The commission should allow a grace period of at least six months to allow Samsung to redesign its products to avoid any infringement found, it said.

The case before the ITC is one of several patent infringement disputes between Apple and Samsung, which aim to block sales of each other's smartphones and tablets in various markets.

In another dispute between Apple and Samsung before the ITC, the commission decided to review an earlier decision that Apple did not infringe four patents of Samsung in its mobile devices including the iPhone and iPad. The patents asserted in the dispute are U.S. Patent Nos.7,706,348, 7,486,644, 7,450,114, and 6,771,980 and can be looked up on the website of the U.S. Patent and Trademark Office.

A jury in U.S. District Court for the Northern District of California, San Jose division, decided in August that Samsung must pay Apple US$1.05 billion for infringing several of its patents in Samsung smartphones and tablets. Samsung and Apple have another patent dispute before the same court.

John Ribeiro covers outsourcing and general technology breaking news from India for The IDG News Service. Follow John on Twitter at @Johnribeiro. John's e-mail address is john_ribeiro@idg.com

Join the newsletter!

Error: Please check your email address.
Rocket to Success - Your 10 Tips for Smarter ERP System Selection

Tags Appleintellectual propertySamsung Electronicslegalpatent

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

John Ribeiro

IDG News Service
Show Comments

Cool Tech

Breitling Superocean Heritage Chronographe 44

Learn more >

SanDisk MicroSDXC™ for Nintendo® Switch™

Learn more >

Toys for Boys

Family Friendly

Panasonic 4K UHD Blu-Ray Player and Full HD Recorder with Netflix - UBT1GL-K

Learn more >

Stocking Stuffer

Razer DeathAdder Expert Ergonomic Gaming Mouse

Learn more >

Christmas Gift Guide

Click for more ›

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Walid Mikhael

Brother QL-820NWB Professional Label Printer

It’s easy to set up, it’s compact and quiet when printing and to top if off, the print quality is excellent. This is hands down the best printer I’ve used for printing labels.

Ben Ramsden

Sharp PN-40TC1 Huddle Board

Brainstorming, innovation, problem solving, and negotiation have all become much more productive and valuable if people can easily collaborate in real time with minimal friction.

Sarah Ieroianni

Brother QL-820NWB Professional Label Printer

The print quality also does not disappoint, it’s clear, bold, doesn’t smudge and the text is perfectly sized.

Ratchada Dunn

Sharp PN-40TC1 Huddle Board

The Huddle Board’s built in program; Sharp Touch Viewing software allows us to easily manipulate and edit our documents (jpegs and PDFs) all at the same time on the dashboard.

George Khoury

Sharp PN-40TC1 Huddle Board

The biggest perks for me would be that it comes with easy to use and comprehensive programs that make the collaboration process a whole lot more intuitive and organic

David Coyle

Brother PocketJet PJ-773 A4 Portable Thermal Printer

I rate the printer as a 5 out of 5 stars as it has been able to fit seamlessly into my busy and mobile lifestyle.

Featured Content

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?