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

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.

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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53 Comments

52. alouden unregistered

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.

47. -box-

Posts: 3991; Member since: Jan 04, 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.

44. networkdood

Posts: 6330; Member since: Mar 31, 2010

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

39. InspectorGadget80 unregistered

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

35. YouGotTrolledSon

Posts: 41; Member since: Nov 25, 2012

Most of American are idiots!

43. pokerc

Posts: 61; Member since: May 24, 2012

Are you speaking english?

27. rusticguy

Posts: 2828; Member since: Aug 11, 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.

20. Nathan_ingx

Posts: 4769; Member since: Mar 07, 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.

17. mick25

Posts: 110; Member since: Nov 12, 2012

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

11. Insignificant

Posts: 192; Member since: Sep 22, 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.

41. joey_sfb

Posts: 6794; Member since: Mar 29, 2012

I hoping for a sony nexus 5 inch phone.

10. Windsponge

Posts: 97; Member since: Nov 01, 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.

12. letgomyeggroll

Posts: 139; Member since: Jun 13, 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.

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.

48. -box-

Posts: 3991; Member since: Jan 04, 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

9. taz89

Posts: 2014; Member since: May 03, 2011

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

6. CivicSi89

Posts: 349; Member since: Jul 23, 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!

3. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 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.

4. nyamo

Posts: 274; Member since: Mar 19, 2011

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

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.

8. billybuttpounder

Posts: 105; Member since: Dec 28, 2012

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

16. Mxyzptlk unregistered

Actually Samsung started it by infringing on patents and designs

18. mick25

Posts: 110; Member since: Nov 12, 2012

No they didn't.

24. billybuttpounder

Posts: 105; Member since: Dec 28, 2012

Yeah, how dare they make a rectangular touchscreen!

30. rusticguy

Posts: 2828; Member since: Aug 11, 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.

38. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 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?

46. CheapSocks

Posts: 21; Member since: Nov 07, 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.

51. frydaexiii

Posts: 1476; Member since: Dec 01, 2011

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

1. billybuttpounder

Posts: 105; Member since: Dec 28, 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.

5. Ninetysix

Posts: 2967; Member since: Oct 08, 2012

You sound mad. Tell us how you really feel.

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