ITC rules Apple infringed on Samsung patents, bans iPhone 4 and iPad 2 3G imports

Apple vs Samsung

The U.S. International Trade Commission has just ruled that Apple infringes on Samsung’s patent Patent No. 7,706,348, titled “Apparatus and method for encoding/decoding transport format combination indicator in CDMA mobile communication system.”

This comes as a big blow to Apple as ITC has also issued a cease and desist order, which prohibits Apple from the sale and distributing products such as AT&T models of the iPhone 4 and iPhone 3GS, the iPad 3G and iPad 2 3G. While the iPhone 3GS and iPad 3G are discontinued, Apple has been selling iPhone 4 and iPad 2 3G.

Under the modified constructions, the Commission has determined that Samsung has proven that the accused iPhone 4 (AT&T models); iPhone 3GS (AT&T models); iPhone 3 (AT&T models); iPad 3G (AT&T models); and iPad 2 3G (AT&T models) infringe the asserted claims of the ‘348 patent. The win is the first in the United States for Samsung, after losing a major jury trial in 2012. 

It is important to note that it won’t affect the sales of iPhone 5, iPhone 4S, iPad 4 and iPad mini.

Apple had tried to use the “FRAND” defense, claiming that the patent was essential to the 3G standard and needed “fair, reasonable, and non-discriminatory” terms for licensing it, but ITC did not agree. It stated that Samsung’s FRAND declarations “do not preclude issuance of the limited exclusion order and cease and desist order.” Samsung has been demanding a license fee of 2.4% for each device sold by Apple, which the experts have felt was too high.

Apple has issued the following statement to AllThingsD:

We are disappointed that the Commission has overturned an earlier ruling and we plan to appeal. Today’s decision has no impact on the availability of Apple products in the United States. Samsung is using a strategy which has been rejected by courts and regulators around the world. They’ve admitted that it’s against the interests of consumers in Europe and elsewhere, yet here in the United States Samsung continues to try to block the sale of Apple products by using patents they agreed to license to anyone for a reasonable fee.

Apple plans to appeal the ruling. The ban can only be overturned by the White House or the Court of Appeals for the Federal Circuit.

Via MacRumors

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  • barondebxl

    Suck on it apple, just deepthroat it.

  • bcsc

    Typical. Scumbags complain that everyone is copying their stuff but is as bad themselves. Hope the morons that slam Samsung for this same thing start to realize that they also use a product derived from someone elses work.

  • JCT

    well what goes around comes around apple dose not let anyone use there patents at least samsung lets anyone with a reasonable fee

  • Samsung

    Look at all the little Samsung lovers getting so excited haha, just because for once Samsung have won, apple licence patents to a lot of other manufacturers, they only have a problem with Samsung because they copy and don’t innovate.

    • that one guy

      Have you seen everything that the S4 can do?
      Makes iphone look like the a brick :

  • Neil

    from what i have read, the ban will not come in place for up to 60 days as it is waiting for presidential consent. It can also be over turned by the president. In any case Apple may phase these products out when they launch their new product lines at the end of summer so it shouldn’t affect the finances in any big way.

    • iPhoneHacks

      Interesting, where did you read this?

      • Neil

        Just posted the website. It says that it is being moderated. It was on TheRegister.

  • iPhoneHacks

    Interesting, wasn’t aware of it. Thanks for sharing.