ITC bans sale of iPhones, iPads they say infringe on Samsung patent

By on June 5, 2013, 11:30 AM
apple, iphone, ipad, samsung, itc, patent infringement, international trade commission

The International Trade Commission has issued a ban on the sale of older iPhones and iPads in the US after it was discovered that select models infringe on a patent owned by Samsung. Infringing models include the iPhone 3G, 3GS, iPhone 4 as well as the 3G models of the iPad and iPad 2 – all on AT&T’s network.

The patent in question has to do with an “apparatus and method for encoding / decoding transport format combination indicator in CDMA mobile communication system.” Samsung accused Apple of violating three other patents as well but the ITC only found Cupertino guilty of infringing on the aforementioned patent.

A spokesperson for Samsung said they believe the ITC’s determination has confirmed Apple’s history of free-riding on their technological innovations. Apple will reportedly appeal the decision in the US Court of Appeals for the Federal Circuit.

As for now, the infringing products will remain on store shelves during a 60-day review process. Apple no longer sells the iPhone 3G and 3GS which is a bit of a moot point there but the iPad 2 and iPhone 4 are still offered.

Interestingly enough, President Obama has the option to veto the ITC’s decision although we’re told that rarely happens. Just yesterday, however, it was revealed that the president was working on a package of reforms aimed specifically at the patent system in the US. Those reforms are expected to be announced in the near future, according to at least one publication.




User Comments: 7

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HiDDeNMisT HiDDeNMisT said:

Apple sucks. They stay trying to steal stuff and pass it off on there on.

2 people like this | MilwaukeeMike said:

On one hand it's a good taste of poetic justice to see Apple have a phone banned after they successfully tripped HTC out of the gates by holding up their HTC One X for a couple months last year... just long enough for the Samsung Galaxy S3 to be released.

However, when Apple was suing Samsung we all cried 'bogus' because no one who's spent anytime with an Apple or Samsung product would ever confuse the two. So again, I think this is bogus and a ridiculous way to do business... Beat your competition in the store and in the eyes of your customers, Apple, er.. Samsung, not in the courts.

And the iPhone 4? A little late isn't it?

Guest said:

This is confusing - the patent mentioned is CDMA, but AT&T and all the early models mentioned were GSM based - that's what AT&T uses since they are a global provider and CDMA is mostly an American standard

1 person liked this | Skidmarksdeluxe Skidmarksdeluxe said:

Patent trolling is becoming really old really fast but it seems like an easy way to make money. It's about time somebody cracked down on this nonsense.

Vrmithrax Vrmithrax, TechSpot Paladin, said:

On one hand it's a good taste of poetic justice to see Apple have a phone banned after they successfully tripped HTC out of the gates by holding up their HTC One X for a couple months last year... just long enough for the Samsung Galaxy S3 to be released.

However, when Apple was suing Samsung we all cried 'bogus' because no one who's spent anytime with an Apple or Samsung product would ever confuse the two. So again, I think this is bogus and a ridiculous way to do business... Beat your competition in the store and in the eyes of your customers, Apple, er.. Samsung, not in the courts.

And the iPhone 4? A little late isn't it?

Have to agree with the poetic justice part, but the comparison between Apple's suit (It looks too much like ours, the corners are rounded, block their sales!) and this lawsuit, which is actually over physical IP and methods, isn't really a fair pairing. I actually think it's rather ironic that Samsung answered Apple's frivolous "look and feel" patent trolling with a successful counter-suit over valid patentable technology. Too bad the results came back before it could really affect Apple's previous sales (and be an actual punishment for trolling), yet Apple successfully got frivolous injunctions that stopped Samsung's sales in other countries right away. Hard to teach someone a lesson when they get away with stuff too easily.

MilwaukeeMike said:

Patent trolling is becoming really old really fast but it seems like an easy way to make money. It's about time somebody cracked down on this nonsense.

Not to split hairs, but Apple and Samsung aren't really patent trolls because they are trying to protect their own products. The term 'patent troll' at least in the context of the kind Obama is trying to get rid of, describes the law firms and companies that buy vague patents and then try to sue or collect royalties for those patents. They don't actually sell or produce anything, they just try to squeeze money out of others. Samsung and Apple applied for the patents themselves and have created products that use them, so at least they are walking a path that the system was intended for.

avoidz avoidz said:

Why don't the two just step into the Patent Thunderdome and be done with it.

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