Apple iPhone and Apple iPad could be banned in U.S. following ITC patent review

Apple iPhone and Apple iPad could be banned in U.S. following ITC patent review
What goes around, comes around. Karma, payback, revenge. There are a lot of words to describe what might happen to Apple if the ITC takes certain steps following a review of an April ruling on a patent infringement case involving Motorola Mobility and Apple. The review is the next step necessary down the long and winding road that could end up with a U.S. ban on the Apple iPhone and Apple iPad. After all, it was Apple that was allegedly behind the ITC exclusion order that kept a couple of Android phones from entering the States. And while they weren't Motorola Mobility phones, they were two high-end Android models and let's not forget that Motorola Mobility is now a wholly owned subsidiary of Google.

Apple finds itself in this state because back in April Judge Thomas Pender ruled that the Cupertino based firm infringed on one out of four Motorola Mobility patents that the court was examining. The patent at the heart of the matter was issued to Motorola Mobility back in 2001, No. 6,246,697 for a "Method and system for generating a complex pseudonoise sequence for processing a code division multiple access signal" and deals with the wireless chips to be used for Wi-Fi applications.

The review is happening because both Apple and Motorola Mobility have filed petitions relating to claim construction, validity and infringement and Apple is trying to use FRAND licensing policies to argue that the patent at issue should not even be enforced. Apple has received some support from other companies about the FRAND issue and tech giants like Microsoft, Hewlett Packard, Nokia and Verizon have sent letters to the ITC supporting the Cupertino based firm's position.

In April 2010, Motorola Mobility sued Apple claiming infringement on a number of patents relating to wireless communications. Apple filed a countersuit with the ITC, which ultimately cleared Motorola Mobility this past March.

Even though Judge Pender threw out the claims made by Motorola Mobility on three patents, the ITC is actually reviewing all four including the '697 patent. Apple and Motorola will reply to questions raised by the six-member commission in the next few weeks with a final decision due in August.

source: AppleInsider

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129 Comments

125. Xperia42

Posts: 60; Member since: May 30, 2012

f**k APPLE, GO ANDROID, I FEEL BAD FOR THE iUSERS ACTUALLY I DONT f**k APPLE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

108. JimCanning

Posts: 1; Member since: Jun 18, 2012

Just like governments. Nothing but BS and someone trying to get more for themselves. What's the payoff cost ITC? Apple will undoubtedly pay it like everyone else. Gotta line those pockets don't you?

121. LOLpple

Posts: 86; Member since: Jun 23, 2012

Yet it's perfectly fine when apple does it to, oh, LITERALLY EVERY OTHER MANUFACTURER. You suck.

107. skymitch89

Posts: 1453; Member since: Nov 05, 2010

It's sad that when Apple is the one that's being fired at because of a patent infringement, they use FRAND as an excuse to keep using it. Yet when Apple is the doing the firing because of a patent infringement, FRAND cannot be used against them. I hope that justice is served and that Apple is blocked from importing the iPhone & iPad, but you know that Apple will do almost anything so that their "precious devices" will not get banned.

103. hepresearch unregistered

This really is rediculous. Just as rediculous as Apple trying to get Samsung and HTC devices banned... just as rediculous as Microsoft trying to get Motorola devices banned... I said a long time ago that no one should be banning anyone, and that this just wastes the money of the CONSUMERS... because either way WE end up paying for all of this litigation and losing choices that we would otherwise have. I am just as disappointed to see Apple potentially under the guillotine, even though they ARE undeniably evil...

109. VZWuser76

Posts: 4974; Member since: Mar 04, 2010

EXACTLY! This patent war can only end badly for the consumer. First, you have choices taken away. If it gets down to one OS, then what. The manufacturer with that OS has no competition. If there is no competition, what is their incentive to innovate or keep updating devices beyond a few months? NONE. If they're the only game in town, they can do what they want, how they want, with no fear of the consequences, because it's either their product or nothing. I don't like Android getting banned, just as I don't like Apple getting banned, or Microsoft, or RIM, etc. It doesn't matter what I may like, if my choice of OS manages to ban everything else, my experience with them will go downhill pretty quick. And forget about a new OS coming into the scene. If the current OS has all the patents, how is a new company/OS going to be able to get a foot in the door? I see nothing wrong with having healthy competition, like "my OS is better than yours" between the groups, because it makes them strive to one up each other. When that happens, we get better products, and usually at better prices, win-win for the consumer. But what this patent war is really doing is eliminating the market that capitalism is built on. One company makes a product, another comes along to compete, and another, etc. It forces them to build a better product for a better price, or risk closing up shop. The products that combine quality, value, features, & innovation, will rise to the top. The ones that don't fall to the bottom. It's natural selection in the business world. Patents were made to compensate people for their ingenuity. If someone else wants to use their ideas, they need to be compensated for it. And when I say their ideas, that should mean not just the general idea, but how it's implemented. Otherwise you'll have someone who patents an idea for using turbines for a hover car. If someone else uses turbines as well, but in a different way, their implementation should not fall under the first person's patent. But the point is the patent system was made to compensate, not eliminate. If someone is found to be infringing on someone's patent, they should compensate them, either monetarily or otherwise, and within reason. If they continue to infringe without compensating, THEN they should be banned. But leveraging your patents to eliminate competition from the start goes against the whole idea of capitalism. Our economy depends on balance for it to work. If it gets out of balance, we start having issues. So no matter what OS you prefer, just remember you rely on their competition to make your manufacturer or OS of choice strive to beat them. Otherwise you are at their mercy.

99. appleDOESNT.com

Posts: 456; Member since: Nov 19, 2011

Nobody is/needs a banning!

97. lauremar

Posts: 181; Member since: Feb 29, 2012

I don't think a ban will happen but Apple will end up wasting tons of its cold hard cash on a settlement and to keep the said iDevices on the market. The fact that Apple is very tight with their profits up to a point where they don't like giving it to shareholders or to charity just like Microsoft does is a HUGE blow to the fruit company.

95. deathyyy

Posts: 101; Member since: Dec 20, 2011

This would be terrible for everyone. Remember what happened to Blackberry when it became apparent they had no competition? What's the incentive for Android to improve if it has no competiton? (Sorry WP....) The fact that these two OSs compete against each other is great for the consumer, whether you support both, or entirely loathe one of them.

86. remixfa

Posts: 14605; Member since: Dec 19, 2008

it wont happen, but damn the irony of it all. :) :) :)

82. InspectorGadget80 unregistered

THIS IS THE BEST NEWS i heard ALL YEAR ! Now THE BIG FRUIT gets a taste of its OWN MEDICINE. Now it's time for the ifans to realize the truth on whos copying who now

81. wsucoug13

Posts: 164; Member since: May 04, 2012

NO WAY this happens. You see that list of Apple supports. Those companies could build there own island occupy it and rule the world.

75. darkkjedii

Posts: 31813; Member since: Feb 05, 2011

People would have to be idiots to think the iPhone, and iPad will actually get banned in the USA. It'll be settled with licensing deals like it always is. Apple does need to chill out with these stupid suits, and get back to the lab, but c'mon let's get serious an iPad iPhone ban is ubsurd.

73. dragonscourgex

Posts: 307; Member since: Jan 16, 2012

That would be kinda funny. Judging from the thumbs down...I would say we have about five people that like iOS. Impressive.

68. kingpet13

Posts: 139; Member since: Feb 02, 2012

Look I'm a fandroid just like most people on this site. If IOS gets banned it will not help us in anyway. The only real advantage is that windows phone will grow enormously. Otherwise a lot of people who are unable to understand ansroid or windows will be forced to switch and probably accidentally get malware. Apple may be annoying but a ban on their products is just stupid. Apple is the only true competition to samsung's hardware. If they get banned what motivation do any manufactuers have to create magorly better hardware or google to add inovative features to thier software. With wp as thier only competition I do not believe it will truly be a battle like it is between apple and samsung. And by that I don't mean patents, I mean a competition to make the best phone possible. If you can convince me that their is any reason to take a way a consumers choice to use a simple os that they don't have to worry about anything to use and changng the background is the most optimization then they want, then tell me. Until then I want the general consumer to have a choice. If you are going to criticize apple for banning all android, criticize android for doing the same. I am sorry if you disagre but I just wanted to say how it is not always good for the general consumer if something you don't like is banned.

74. blade19

Posts: 65; Member since: Apr 29, 2011

Or... Microsoft will come in and save Apple again like they did back in the 90s I believe... lol!

61. lubba

Posts: 1313; Member since: Jan 17, 2011

Obviously we truthfully all know this ain't gonna happen. Lawyers and the majority of those with business suits can't live without the iPhone. plus Apple has a deep connection with presi Obama. Sorry Anroid fans, wishful thinking.

58. qwertypoor

Posts: 72; Member since: Jun 09, 2012

It's apple they won't get banned I hope it would but it won't

67. Non_Sequitur

Posts: 1111; Member since: Mar 16, 2012

Sadly.

120. LOLpple

Posts: 86; Member since: Jun 23, 2012

Yeah. The lobbyists that run this country would never allow the insane amount of cash flow apples novelties bring in to stop.

55. Raymond_htc

Posts: 430; Member since: Apr 06, 2012

_|_ (=.=) _|_ This is for you, apple. Never knew you would have this day coming!

66. Non_Sequitur

Posts: 1111; Member since: Mar 16, 2012

Let's do an Eric Cartman here. t(> . < t )

52. andro.

Posts: 1999; Member since: Sep 16, 2011

The withdrawal symthoms from ifans would put health systems in the US into crisis

50. Raymond_htc

Posts: 430; Member since: Apr 06, 2012

HAHA FINALLY! SAMSUNG AND HTC AND OTHER ANDROID PHONE MAKERS WHO GOT SUED BY APPLE GOT THEIR REVENGE!!! YES!

60. wendygarett unregistered

I hope HTC can sue Apple for the compensation :)

85. InspectorGadget80 unregistered

wrong case. Motorola is the only company strong enough to fight off Apple. their the first one to invent i mean make a cell phone

49. TRADE-MARK

Posts: 3; Member since: Jun 26, 2012

Bad news for Apple.

45. androidornothing

Posts: 143; Member since: Apr 26, 2012

Ok I'm not trying to sound like an ass or anything but this will never happen.......BECAUSE even if they did infringe on the patents and Apple is forced to not bring iPhone into the US, they will make a deal with Motorola and still continue shipping in the United States. I'm saying this because a monster company like Apple can't just go down the drain like that, nice and easily. Even if they have to pay Motorola money for every iPhone sold they will only to bring the phone into the US. BY THE WAY I'm an Android user and I will never leave android, but some facts just have to be faced.

48. Whateverman

Posts: 3295; Member since: May 17, 2009

I don't think that was the point for Google/Motorola. This was all about the leverage I think. Just a little something to counteract the whole "going thermonuclear" thing that good ol' Steve Jobs started. Just a little "STFU and compete like men" from Google to Apple, that's all.

104. taco50

Posts: 5506; Member since: Oct 08, 2009

Trolling away as usual

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