OUII agrees with Judge's finding that Samsung infringed on Apple
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
2 January Samsung will have to reveal sales data in Apple patent lawsuit
7 December Judge Koh pleas for 'global peace' between Apple and Samsung for the sake of consumers, incites laughter
6 December Samsung and Apple meet with Judge Lucy Koh for post-trial hearing
6 December Apple and Samsung return to court for hearing in front of Judge Koh
5 December Google's Eric Schmidt on the relationship with Apple: the adults are talking now
1. InspectorGadget80 (Posts: 7030; Member since: 26 Mar 2011)
OUII is just as bad as the judge. plus Samsung Tranform have a FULL PHYSICAL QWERTY KEYBOARD. I'm getting sick and tired of all these dumb patent articles. Their also probably got paid by Apple as well as the judge and their BIASED to find that Samsung is guily but NOT GUILTY to us. This phone is irrlevant to the iPhone it doesn't even look like the damn iphone it have a FULL PYHSICAL QWERTY KEYBOARD. This patent against that phone IS SO DAMN STUPID.
2. ajac09 (Posts: 1430; Member since: 30 Sep 2009)
I wish the Federal court would just force both sides to work it out or tell them they will ban them both
12. Droid_X_Doug (Posts: 5993; Member since: 22 Dec 2010)
Don't you want the kids of all the lawyers representing Sammy and Apple to have fully funded education trust funds?
15. anywherehome (Posts: 971; Member since: 13 Dec 2011)
Yes, ban them both our nothing..... Otherwise its obvious that Apple has been bribing all of them.......
14. asulect (Posts: 131; Member since: 27 Aug 2012)
I thought the article said Samsung Tranform infringed on headphone jack, accompanying circuitry and technology that detects microphone activation, nothing related to the physical appearance.
3. networkdood (Posts: 6330; Member since: 31 Mar 2010)
If it is just about the Samsung Transform, then it will be no big deal ...for now.
6. someones4 (Posts: 622; Member since: 16 Sep 2012)
So..this is just US right? No point having these blood-sucking bureaucrats affect consumers in other regions.
8. Rocksteady (unregistered)
Exactly, feels good living in a third-world country after all.
out here, Samsung and apple have pure competition, and I've been realizing lately that the number of Samsung handsets in hands are increasing.
iphone is a good product, for non-tech enthusiast consumers.
11. someones4 (Posts: 622; Member since: 16 Sep 2012)
yup..i realized that most of these kerfufles mainly come from US. Everyone else was like 'keep it cool,dudes'. i really suspect that the US is being really biased here, trying to protect their own investments and all...
7. wumberpeb (Posts: 452; Member since: 14 Mar 2011)
The Samsung Transform was my first Sprint phone...
WHAT IN THE HELL DOES THE SAMSUNG TRANSFORM HAVE TO DO WITH AN IPHONE? IT'S A MID-RANGE QWERTY SLIDER WITH STOCK FROYO!
It's been end-of-life for a while now, what good does any of this do? Such a waste, so tired of Apple and these patents on gravity and oxygen...
9. jroc74 (Posts: 5382; Member since: 30 Dec 2010)
"utility patent involving plug-in detection technology."
You know its bad when you hear something related to this patent case I never heard about before. Where did this come from?
10. someones4 (Posts: 622; Member since: 16 Sep 2012)
i think it's used to automatically play music when it detects a earphone has been plugged-in.