Posted On June 4, 2013 By In Apple News, Samsung News With 1930 Views

Samsung Scores ITC Ban on Apple’s iPhone 3GS and 3G iPad

Apple vs Samsung

Today the ITC issued a final ruling, which found that the iPhone 3GS, iPad 3G and iPad 2 3G models have infringed Samsung’s U.S. Patent No. 7,706,348 – “Apparatus and method for encoding/decoding transport format combination indicator in CDMA mobile communication system.

This is in spite of this specific patent being declared standard essential UMTS wireless technology.

According to Mueller from FossPatent:

This decision is a major surprise. Observers expected an infringement finding with respect to the ‘348 patent after the ITC asked the parties and third-party stakeholders questions relating to this scenario (several months after a first list of partly FRAND-related questions), and prior to that I had written in my analysis of the preliminary ruling by an Administrative Law Judge that this patent was Samsung’s best shot in this case. But I can’t believe that the ITC has completely thrown out Apple’s FRAND defense (“[t]he Commission has determined that Samsung’s FRAND declarations do not preclude [import bans]”), taking a position that is fundamentally inconsistent not only with how U.S. federal courts have recently adjudged SEP-based injunction requests (1, 2) but also with opinions expressed by antitrust regulators and, especially, U.S. lawmakers.

ITC Import Ban

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Storm is a technology enthusiast, who resides in the UK. He enjoys reading and writing about technology.

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