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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

53 Comments
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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: 2460; 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: 14191; 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: 1460; 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: 774; 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: 14191; 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: 5396; 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: 6015; 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: 6015; 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: 6015; 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: 6015; 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: 438; 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: 6330; 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 (unregistered)


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: 14191; 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!

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