ITC grants Samsung's request for import ban on (old) Apple devices

posted by Michael H. / Jun 04, 2013, 7:12 PM

ITC grants Samsung's request for import ban on (old) Apple devices

The legal battles between Samsung and Apple just keep on keeping on, and as usual, the big news probably won't amount to much. We've been waiting for the International Trade Commission (ITC) to pass a ruling, a ruling which was recently delayed a bit, and today the news came down that it was a win for Samsung. The ITC has granted Samsung's request for an import ban on a number of (old) Apple devices.

The ITC has said that "Apple failed to prove an affirmative defense", and as such was found to be in violation of a Samsung patent. That led to the ITC placing an import ban on the iPhone 4, the iPhone 3GS, the iPad 3G, the iPad 2 3G and the iPad 3, and the 3G models banned are specific to AT&T, not other carriers. Of course, it should be noted that of all those devices, only the iPhone 4 and iPad 2 3G are still being sold by Apple, the others have been discontinued.

So, it's hard to say how much this will actually affect Apple, especially since the ban won't go into effect for 60 days (assuming president Obama doesn't veto the ban). By that time, it will be early August, and the next-gen iPhone and iPad will be just around the corner, meaning none of the devices listed in this ruling will be on the market anymore.

source: WSJ

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24 Comments

1. chemhaz

Posts: 161; Member since: May 04, 2012

Apple beaten at it's dirty game of Patent Troll. Now Sammy should seek damages/loss of income from Apple illegally using your tech. . . mmmm $?? per iCrap handset and CrapPads sold in the cohort would be worth $ Billions, and probably 10 fold it's worth in media exposure.

posted on Jun 04, 2013, 7:51 PM 18

2. TROLL

Posts: 4851; Member since: Apr 13, 2012

When will the bad fruit drop and rotten away.... Waiting. These manfactures should stop supplying to Apple. They should all boycott Apple, and belong were they were befor* ®

posted on Jun 04, 2013, 7:56 PM 6

21. anywherehome

Posts: 971; Member since: Dec 13, 2011

unfortunately there will always be some r*tten buyers or suppliers for Apple....

posted on Jun 05, 2013, 12:43 AM 3

5. Mxyzptlk unregistered

They aren't beaten. Many of those devices are discontinued .

posted on Jun 04, 2013, 8:13 PM 2

10. ama3654

Posts: 295; Member since: Nov 27, 2012

They should pay up for damages, what goes around, comes right back around!

posted on Jun 04, 2013, 8:44 PM 2

14. sprockkets

Posts: 1612; Member since: Jan 16, 2012

Irrelevant. The ITC order says *any* device, be it a tablet, phone or anything else cannot infringe on that patent. "The Commission has determined that the appropriate remedy is a limited exclusion order and a cease and desist order prohibiting Apple from importing into the United States or selling or distributing within the United States wireless communication devices, portable music and data processing devices, and tablet computers that infringe claims 75-76 and 82-84 of the ’348 patent."

posted on Jun 04, 2013, 9:28 PM 1

3. HASHTAG unregistered

Michael was quick to defend Apple, though stating the obvious.

posted on Jun 04, 2013, 8:06 PM 2

9. -box-

Posts: 3991; Member since: Jan 04, 2012

...how so? I've rarely seen him to be an apple apologist or defendant. If anything, what was said was likely to cut off any silly and childish arguments from the commentariat

posted on Jun 04, 2013, 8:43 PM 1

4. Mxyzptlk unregistered

Samsung abusing FRAND patents.

posted on Jun 04, 2013, 8:12 PM 3

7. tedkord

Posts: 17131; Member since: Jun 17, 2009

So tech without paying for it isn't abuse?

posted on Jun 04, 2013, 8:29 PM 7

16. TROLL

Omg, Apple has taken all over , or either you are like Apple. Rip thiy it's soul. Wé advize you seek wise counselling and therapy and réhabilitation®

posted on Jun 04, 2013, 10:01 PM 0

19. xperiaDROID

Posts: 5629; Member since: Mar 08, 2013

Hahaha....looks like Mxy can't defend Apple any more. Just surrender Mxy, your beloved Apple became retarded, patent NFC.......that's unacceptable.

posted on Jun 04, 2013, 10:25 PM 3

6. jroc74

Posts: 6023; Member since: Dec 30, 2010

Uh oh....Apple is gonna try like mad to get an import ban now.....and on current Samsung devices.

posted on Jun 04, 2013, 8:14 PM 0

8. tedkord

Now? What have they been doing the last four years?

posted on Jun 04, 2013, 8:30 PM 4

20. jroc74

I meant try even harder....lol. I cant wait to see what new lawsuits come from Apple....especially after the NFC patent getting awarded to Apple. And what new feature in iOS 7 Apple will claim they own.

posted on Jun 04, 2013, 11:37 PM 0

11. -box-

This should have been done 2-3 years ago. Mostly useless now, unless it sets a precedent that gets all ios devices banned in the future

posted on Jun 04, 2013, 8:44 PM 0

12. InspectorGadget80 unregistered

Com on Samsung how bout banning IPHONE 4S. IPAD 4 OR 3?

posted on Jun 04, 2013, 9:16 PM 2

13. Blazers

Posts: 719; Member since: Dec 05, 2011

I am not a fan of Apple or Samsung (even though I use both), but I love how worked up all the fanboys get when their company gets sued for patent infringements. It's true comedy how personal they take it.......hahahahaha.

posted on Jun 04, 2013, 9:17 PM 0

15. sprockkets

This ban applies to ANY device: "The Commission has determined that the appropriate remedy is a limited exclusion order and a cease and desist order prohibiting Apple from importing into the United States or selling or distributing within the United States wireless communication devices, portable music and data processing devices, and tablet computers that infringe claims 75-76 and 82-84 of the ’348 patent." http://www.usitc.gov/secretary/fed_reg_notices/337/337-794_notice06042013sgl.pdf