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Samsung faces some tough remedies in its ITC patent battle with Apple

Posted: , by Alan F.

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Samsung faces some tough remedies in its ITC patent battle with Apple
On October 24th, ITC Judge Thomas Pender ruled that Samsung infringed on several Apple patents. But it wasn't until the release of  the full-length version of Pender's ruling on Friday, that it became apparent how damaging the decision could be to Samsung's U.S. business. If the ITC goes along and affirms Judge Pender's ruling, which the staff agrees with, Samsung could find some of its devices banned during a 60 day Presidential review period that would follow a final ITC decision. Pender's decision must be voted on by the six-member commission.

Samsung also could face at the same time, a cease and desist order that would prevent the company from selling large quantities of infringing products in the U.S. At the same time, Samsung could be required to post a bond equal to 88% of  the value of all mobile phones, 32.5% of the value of mobile players and 37.6% of the value of all tablets that were ruled to have infringed on Apple's patents, during the Presidential review period. Samsung argued that a royalty rate of 4.9% was more appropriate.

Judge Thomas Pender

Judge Thomas Pender

Thankfully for Samsung, Judge Pender did approve design changes made by the Korean manufacturer that worksaround the claims made by Apple. These designarounds allow Samsung to continue to sell certain products in the U.S. even in the face of the October decision. And one of the patents involved in this case, the so-called "Steve Jobs" patent, has been ruled invalid by the USPTO. Despite the designarounds, Samsung could still be required to post a bond on the devices that no longer infringe on Apple's patents. Even worse, customs could still hold up shipments of these products until the agency is 100% sure that an exclusion order doesn't apply to the re-designed devices.

These are just some of the remedies that could be used against Samsung. The commission still needs to vote on Pender's ruling, and the designarounds seem to mean that it is still business as usual in the states for Samsung, at least for now.

source: FOSSPatents

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posted on 29 Dec 2012, 13:01 19

1. billybuttpounder (banned) (Posts: 105; Member since: 28 Dec 2012)


Jesus Christ it never ends. So cannot wait for apple to crash and burn just like they di last time their arrogance got in the way of innovation.

posted on 29 Dec 2012, 13:40 4

5. Ninetysix (Posts: 1615; Member since: 08 Oct 2012)


You sound mad. Tell us how you really feel.

posted on 29 Dec 2012, 14:01 11

7. billybuttpounder (banned) (Posts: 105; Member since: 28 Dec 2012)


Yes I am mad, was that supposed to be an insult? Anything that removes choice from consumers should absolutely make people mad. You sound like a communist.

posted on 29 Dec 2012, 15:32 3

15. Mxyzptlk (Posts: 3563; Member since: 21 Apr 2012)


HTC entered into a mutual agreement. Doesn't sound like your comment at all.

posted on 29 Dec 2012, 16:16 10

22. billybuttpounder (banned) (Posts: 105; Member since: 28 Dec 2012)


Fascinating, no one mentioned HTC nor is this article about HTC. It's like you go out of your way to appear illiterate.

posted on 29 Dec 2012, 16:25

26. loyals (Posts: 129; Member since: 10 Nov 2012)


he was trying to say htc made an agreement n samsung didnt . anyways what htc did was way lesser , just d designs in navigation n some basic stuff . but samsung , damn ,way too much !! n u dont expect it be pay the price ??

posted on 30 Dec 2012, 22:10 3

50. frydaexiii (Posts: 1231; Member since: 01 Dec 2011)


Please...HTC's "agreement" with Apple is the same as the the little kid who always gets picked on giving the bully his lunch money for "protection". HTC merely found that the money used to pay off Apple is worth it to get them off their backs, not because they are actually infringing anything...

posted on 29 Dec 2012, 16:20 2

25. loyals (Posts: 129; Member since: 10 Nov 2012)


you sound like a communist to me bro . u expect someone to steal or copy n getaway ??they have to pay the price for what they did . look at nokia , blackberry , they never copied from someoone just for getting profits. there is line , samsung has crossed it . thats y apple didnt agree for settlement at first. htc did little bit , so apple made a agreement. companies can copy little essential things . but damn not like samsung.

posted on 29 Dec 2012, 16:02 9

19. anywherehome (Posts: 971; Member since: 13 Dec 2011)


We feel like Apple lies, steals, bribes...

posted on 30 Dec 2012, 14:40

49. tuminatr (Posts: 682; Member since: 23 Feb 2009)


they do, but they are very smart about it

posted on 29 Dec 2012, 15:31 2

14. Mxyzptlk (Posts: 3563; Member since: 21 Apr 2012)


Copying off others ideas isn't innovation. You have to pay the price for infringing on someone's patents.

posted on 29 Dec 2012, 16:05 16

21. protozeloz (Posts: 5378; Member since: 16 Sep 2010)


Lol your life must stuck really bad

posted on 29 Dec 2012, 16:17 8

23. billybuttpounder (banned) (Posts: 105; Member since: 28 Dec 2012)


"Copying off others ideas isn't innovation."

At least we can agree on that. Too bad your Messiah is the guilty party there. I love how you iDrones refuse to acknowledge that apple stole the iphone model from the LG Prada. Very sad.

posted on 29 Dec 2012, 16:47 1

28. Hemlocke (unregistered)


FUD, much? They were released within a few months of each other, and the Apple patents predate the Prada. Even Android fanboy websites have dispelled this myth. The Prada wasn't even a multitouch-capable device and it featured an OS that doesn't even exist anymore.

posted on 29 Dec 2012, 18:16 4

29. rusticguy (Posts: 2828; Member since: 11 Aug 2012)


Yes touch is a zero length swipe (can't recall who said that ... lol) and touch with a stylus existed even before SJ dreamt of a smartphone ... oh wait perhaps he stole that very idea to begin with ... all he did was replace the stylus with a Finger which again is being replaced by Stylus with much success ... no fanboyism here

What's a swipe? A non zero length touch right? That existed before iPhone so doesn't need a debate on who copied whom. So get over with this obsession of Apple's invention of touch. Whether it's one or multi... touch is a touch and if "numbers" to touch also get patented then nothing can be more stupid than that.

posted on 29 Dec 2012, 18:26 2

31. jroc74 (Posts: 4809; Member since: 30 Dec 2010)


I wouldnt say Apple copied the Prada...but nobody has dispelled anything.

Bottom line is the LG Prada was shown first. Working models too. Apple has patents on fexible displays....Samsung is about to display some demo some in the near future. Do we still give credit to Apple for having some patents?

The Prada and some Samsung phone that Apple claimed copied the iPhone were on display at a trade show while Apple's iPhone was a no show. Article on PA about it earlier this year during the mega trial.

I will say that LG and the LG Prada deserve alot more credit than they get.

posted on 29 Dec 2012, 19:03

32. Hemlocke (unregistered)


The Samsung was the F700, and it came after the iPhone, was a QWERTY slider with a resistive screen, and most importantly, was not a smartphone.

posted on 29 Dec 2012, 19:29 3

33. jroc74 (Posts: 4809; Member since: 30 Dec 2010)


"F700, and it came after the iPhone"

Article on PA says other wise.

http://www.phonearena.com/news/Samsung-trial-evidence-reveals-Apple-patting-itself-on-the-back-for-silent-presence-at-events-studying-the-competition_id33347

Look at the date on the slides....Feb 2006. LG Prada was also there......Feb 2006. Like I said.....nobody has dispelled anything. I still wont say Apple copied the Prada tho. I will chalk it up to simultaneous ideas.

posted on 29 Dec 2012, 19:36 1

34. jroc74 (Posts: 4809; Member since: 30 Dec 2010)


And that F700 sure looks like a smartphone to me, even has Smart in the name....lol.

The F700 and Prada....you have to scroll down for their slides.

posted on 29 Dec 2012, 19:53 1

37. jroc74 (Posts: 4809; Member since: 30 Dec 2010)


More food for thought....the OS on the Prada was Flash based....the OS on Android is Java based. Look at the clock widget on the LG Prada and on older Android phones. Looks damn near identical. I wouldnt be surprised if the Prada and Android have alot more things in common...

posted on 02 Jan 2013, 00:31

53. messiah (Posts: 433; Member since: 19 Feb 2010)


you rang?

posted on 29 Dec 2012, 21:19 4

42. SamsungFan (Posts: 201; Member since: 16 Apr 2012)


Lol apple had also copied from others. Like the notification centre it was copied from android

posted on 29 Dec 2012, 21:54 1

45. networkdood (Posts: 6267; Member since: 31 Mar 2010)


irony is an apple lover talking about companies infringing on other companies' patents....oh the irony!!

posted on 29 Dec 2012, 19:50

36. _.Apple.Royally._ (Posts: 8; Member since: 29 Dec 2012)


We are all behind you Apple, the fans, users, newcomers, and finally the " ROYALLYS" We must do the epic laugh and rejoice…

posted on 29 Dec 2012, 20:56 3

40. InspectorGadget80 (Posts: 6502; Member since: 26 Mar 2011)


I HOPE APPLE GO BANKRUPT and settle this damn patent suit

posted on 29 Dec 2012, 13:18 17

2. marchels14 (unregistered)


I am so fuc*ing sick of apple suing Samsung, most of the sueing only happens in USA , the one market that Apple still has, everything else belongs to android.

posted on 29 Dec 2012, 14:01 8

8. billybuttpounder (banned) (Posts: 105; Member since: 28 Dec 2012)


In fairness to Samsung, apple started this bullsh*t.

posted on 29 Dec 2012, 15:33 3

16. Mxyzptlk (Posts: 3563; Member since: 21 Apr 2012)


Actually Samsung started it by infringing on patents and designs

posted on 29 Dec 2012, 15:34 6

18. mick25 (banned) (Posts: 110; Member since: 12 Nov 2012)


No they didn't.

posted on 29 Dec 2012, 16:19 5

24. billybuttpounder (banned) (Posts: 105; Member since: 28 Dec 2012)


Yeah, how dare they make a rectangular touchscreen!

posted on 29 Dec 2012, 18:22 2

30. rusticguy (Posts: 2828; Member since: 11 Aug 2012)


Few more rounds and all fake patents (oh wait they call them iNNOVATION) will bite the dust then all that will be left is patenting the copied swiss Rly station clock in US of A after making certain cosmetic changes to numerals etc ... I am against all such patents. Good these jokers did not exist when wheel was invented.

posted on 29 Dec 2012, 20:19 3

38. Droid_X_Doug (Posts: 5801; Member since: 22 Dec 2010)


Careful with your statements - before long, Apple won't have any valid patents to enforce. Then what are you going to accuse Sammy of doing? Competing with Apple?

posted on 29 Dec 2012, 22:10 2

46. CheapSocks (Posts: 21; Member since: 07 Nov 2012)


Apple fired the first shot when they started suing every SINGLE Android OEM. And when things don't go their way in court, they throw hissy-fits and try to claim invalidation on BS. Apple is a spoiled child who grew up way to fast.

posted on 30 Dec 2012, 22:13 1

51. frydaexiii (Posts: 1231; Member since: 01 Dec 2011)


Adding "actually" before your sentences doesn't make you right.

posted on 29 Dec 2012, 13:29 5

3. Droid_X_Doug (Posts: 5801; Member since: 22 Dec 2010)


Meh. Between the design-arounds and Apple patents being invalidated, I suspect Sammy will have some inconveniences, but no pervasive sales ban to contend with. They will be spending a bunch on legal fees, however.

posted on 29 Dec 2012, 13:39

4. nyamo (Posts: 274; Member since: 19 Mar 2011)


yes, money i would like see used on R&D or commercials. anything useful but not this nonsense

posted on 29 Dec 2012, 13:56 8

6. CivicSi89 (Posts: 348; Member since: 23 Jul 2011)


I just dont understand. Seriously. These patents are complete BS. Ive always said it and will continue to say it. Apple has lost its innovation. And now in order to compete they will sue anyone and everyone who is outselling their "Smartphones" and i put that in quotations because they arent really smartphones. haha. The iPhone is a beautiful device . Truly a great. But its not perfect. And nore is their OS. And the way apple is going with this. I will NEVER buy another one of their products. My Samsung Galaxy Note 2 is amazing. I love it. And i support Samsung. Apple. Get your head out of your A$$ and start being the company you used to be. An start coming up with cool and interesting things again!

posted on 29 Dec 2012, 14:23 1

9. taz89 (Posts: 2014; Member since: 03 May 2011)


Again everything being blown out...why not wait until a final decision is made...this is all ifs and buts at the moment...

posted on 29 Dec 2012, 14:29 2

10. Windsponge (Posts: 92; Member since: 01 Nov 2009)


I can tell a lot of you hate Apple. Name one single phone that out sells the I Phone. With all the cheap junk Samsung sells it helps it to sell more than Apple. You may not want to hear it but Apple's I Phone is the best selling phone singular. I have owned many phones and the androids are not as stable nor do they function as smoothly as I OS. Just because Samsung copy's others is no reason for crying about it. Even LG is sueing them now. So please actually use an I Phone and then you will know just how fantastic phone it is. Have a great New Year everyone. Let me say I am sorry for messing with your minds.

posted on 29 Dec 2012, 14:41 5

12. letgomyeggroll (Posts: 137; Member since: 13 Jun 2012)


I use to have an IPhone, and it is a very simple smart phone for simple minded person. There is nothing innovated about the phone, it's basicly an IPod with larger screen and a cell radio. You don't get much or for what the price the phone for.

As for the lawsuit, its more like an over sea company vs a local company, its only obvious because none of the design that Apple claims are by Apple. What makes really worst is that they are sueing for patents that they dont even have yet.

I can assure that you with a correct type of survey, most Apple user can not come with any innovation reason why they would go with Iphone over other phones. They only thing this for them to go with IPhone is a fashion statement. Just because the someone else has it and can afford to paid for over priced products the other person has to have it too. Its battle of I can afford where is yours!!!!!!!!!!!!!!

Its like Jordan shoes vs Kswiss. Kswiss are more comfortable but people have to have the same Jordan.

posted on 29 Dec 2012, 14:45 8

13. Aeires (unregistered)


Actually, this has nothing to do with how well the iPhone is selling. This has everything to do with how one company takes ideas from others, then sues when another company does the same, trying to force bans on their products for doing the same thing they did themselves. Apple should compete with their products, not their lawyers. Court tactics never last in the long run.

posted on 29 Dec 2012, 23:21 2

48. -box- (Posts: 3801; Member since: 04 Jan 2012)


The iphone doesn't sell all that well anymore, actually. Apple gets away with lumping all its phones under one name so they can say the that 3 million 4s and 2 million 5s are outselling 4 million GS3s, for instance. It's baloney and underhanded, but typical apple

posted on 29 Dec 2012, 14:41 2

11. Insignificant (Posts: 190; Member since: 22 Sep 2012)


Everyone is getting bored of this. Android need to set up an alliance and try to get Sony involved. Everyone should get a proportionate share depending on how much their patents gained again Apple. Microsoft and Nokia should do the same. Then at least we won't have this nonsense anymore.
The Injustice system of the US is amazing.

posted on 29 Dec 2012, 21:00

41. joey_sfb (Posts: 2931; Member since: 29 Mar 2012)


I hoping for a sony nexus 5 inch phone.

posted on 29 Dec 2012, 15:33 7

17. mick25 (banned) (Posts: 110; Member since: 12 Nov 2012)


Not surprising, ITC has always been biased in favor of US as evidenced in the past (and criticized for it).

posted on 29 Dec 2012, 16:03

20. Nathan_ingx (Posts: 3012; Member since: 07 Mar 2012)


Oh great! Another Sam-ple news!!!
Samsung, please do us a favor and ask what type of phone does Apple want you to make. So that you could immediately start making phones which is not like the iPhone or doesn't have any similarities to iOS.
Let's see what Apple comes up with.

posted on 29 Dec 2012, 16:33 2

27. rusticguy (Posts: 2828; Member since: 11 Aug 2012)


I am not sure why everyone expects American court to find the non American company not guilty. It's against American principles of natural justice. We as Indians know this from case of Mr Warren Anderson of UCC a company which caused one of the worst Industrial disaster in world and yet Anderson was shielded by US of A.

posted on 29 Dec 2012, 19:42 1

35. YouGotTrolledSon (banned) (Posts: 41; Member since: 25 Nov 2012)


Most of American are idiots!

posted on 29 Dec 2012, 21:45

43. pokerc (Posts: 55; Member since: 24 May 2012)


Are you speaking english?

posted on 29 Dec 2012, 20:56 1

39. InspectorGadget80 (Posts: 6502; Member since: 26 Mar 2011)


The hell with APPLE & The ITC JUST END THESE SO CALLED PATENT SUITS they don't even care bout US THE CONSUMERS.

posted on 29 Dec 2012, 21:51 1

44. networkdood (Posts: 6267; Member since: 31 Mar 2010)


I feel bad for mxy as the girl/guy is very delusional...perhaps APPLE will employ him....

posted on 29 Dec 2012, 23:17 1

47. -box- (Posts: 3801; Member since: 04 Jan 2012)


I'm getting tired of both Samsung and Apple's shenanigans. Put them both on a 2-4 week sales hold for mobile and see how that affects them.

posted on 31 Dec 2012, 07:59

52. alouden (Posts: 197; Member since: 18 Oct 2011)


My God! Enough! Can they both act like adults now? Can we agree that most of these patents and law suits are frivolous? I mean Apple patented a square shape with round corners for crying out loud. It's hard to take them seriously after that. All this does is make me more determined to NEVER buy an Apple product.

In the end, we the consumer lose as we have fewer choices.

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