don't have to be followed by the ITC or the Judge. Besides finding that ALJ Pender made no reversible errors, it also found that Sammy's SPH-M920 did "infringe claim 3 of the ‘501 patent." The '501 patent is owned by Apple and covers the headphone jack and accompanying circuitry, on a device. Claim 3 covers the technology that determines if the device has its microphone activated. The product in question is known in the U.S. as the Samsung Transform.
If the ITC follows through on the recommendation, Samsung could see a sales ban on the devices involved in the original claim, unless it has been able to devise a workaround for them. Since the OUII is only making a recommendation, Samsung is down to its last strike. Apple is asking for a reversal on some of Samsung's devices found not to have infringed on an Apple iPhone 3GS design patent and a utility patent involving plug-in detection technology.
Samsung is seeking a reversal based on procedural errors in submitting evidence, and decisions made by Judge Pender relating to infringement and validity. Obviously, the Korean based manufacturer is in more hot water than Apple when it comes to the final ITC decision. The ITC is also scheduled to review another previous decision that cleared Apple from infringing on Samsung's wireless patents. A final decision will be handed down next year.
Visit the sourcelink to read the entire recommendation handed down by the OUII.
source: OUIIdetermination via AppleInsider