Apple Wins U.S. Ban on Older Samsung Phones

Samsung Ban

In the tech war, Apple has made a move and has placed on uppercut on Samsung. On Friday, the U.S. International Trade Commission (ITC) has ordered a ban on the import and sale of certain Samsung smartphones. The ITC found that Samsung infringed on two of Apple’s patents. But will this blow knockout Samsung?

Friday’s ruling found Samsung guilty of infringing on two patents: one that covers touch-screen technology, as well as a patent dealing with headphone jacks. “With today’s decision, the ITC has joined courts around the world in Japan, Korea, Germany, Netherlands, and California by standing up for innovation and rejecting Samsung’s blatant copying of Apple’s products. Protecting real innovation is what the patent system should be about,” Apple said in a statement.

“We are disappointed that the ITC has issued an exclusion order based on two of Apple’s patents. However, Apple has been stopped from trying to use its overbroad design patents to achieve a monopoly on rectangles and rounded corners. The proper focus for the smartphone industry is not a global war in the courts, but fair competition in the marketplace. Samsung will continue to launch many innovative products and we have already taken measures to ensure that all of our products will continue to be available in the United States,” Samsung stated.

Friday’s ruling does not go into too much detail on which devices are affected. Short of noting that Samsung’s Continuum SCH-1400 and Transform SPH-M920 both infringe on some or all parts of the headset patent. Devices like the Galaxy Tab 7.0 and Galaxy S2 smartphone, are in the clear for that particular patent.

Before the ban can take effect, it must undergo a 60-day Presidential review period that could see a reversal of the ITC order. Such was the case with a recent Samsung complaint against Apple, which saw the ITC’s ban of older devices like the iPhone 4 reversed by a veto from the U.S. Trade Representative.

In a separate, but related, hearing in the Appeals Court for the Federal Circuit earlier on Friday, Samsung noted that 23 of the 26 devices that were originally a part of that suit, and closely tied to this one, were no longer for sale.

But Samsung can venture into releasing software updates to work around the infringement, such as, customers would still use multitouch the same way they always did, but Samsung would change how that worked from a technical perspective.

This case is one of four Apple-Samsung patent battles currently playing out in U.S. courts, and dozens more are being tried abroad. Billions of dollars are on the line, and the companies are warring to take each other’s products off the shelves.

There are laws that have been put into place, but when it comes to technology even if its patented it will be mirrored it’s just the matter of how one words the technology advance and how one uses it. I believe there are many blows and dodges that will take place, but Samsung will still stand strong.

ITC final determination in Apple vs. Samsung

Forrest L. Rawls

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