Apple is pleading with United States Trade Representative (USTR), to whom President Obama has delegated the authority to veto ITC exclusion orders, to Stop iPhone, iPad import Ban Won by Samsung. This is as a result of Samsung winning a U.S. import ban against older iPhones and iPads at the United States International Trade Commission (USITC). The USITC found Apple guilty of infringing a patent Samsung once declared essential to the 3G cellular telecommunications standard. “Further to its early-June decision the ITC has already instructed U.S. Customs and Border Protection to hold all shipments of devices subjectRead More
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 (severalRead More
US ITC Exploring Implications of Import Ban on Apple’s Devices Bloomberg is reporting that the U.S. International Trade Commission has postponed its final decision is a Samsung vs Apple case to May 31. The Agency wants to know how much consumers and the U.S. economy would be hurt should Apple Inc. iPhone and iPad be banned from the US. The ruling is in relation to one of the four patents that Samsung asserted against Apple, which include a way for phones to transmit data. According to the report, Rodney Sweetland, a lawyer with DuaneRead More
Back in October, Judge Pender preliminary ruling found that  Samsung has infringed four of  Apple patents. Mueller of Fosspatent fame, has reported that a  redacted full-length version of Judge Pender’s initial determination and recommendation on remedy and bond has been posted on the ITC electronic system. The publication apparently does not make great reading for Samsung’s loyalists. According Mueller, Samsung could face the following sanctions if the U.S. trade agency adopts Judge Penders recommendations, these are: a U.S. import ban that would enter into effect after the 60-day Presidential review period following a finalRead More
  Apple and Google’s subsidiary -Motorola Mobility are currently considering arbitration to resolve their patent lawsuits according to a report from Bloomberg. The talks are related to Motorola Mobility’s standard essential patents. According to the Bloomberg report, “the companies have been exchanging proposals on using binding arbitration to reach a licensing agreement over patents that are essential to comply with industry standards on how phones operate. Such an agreement could lead to a global settlement of all of their patent disputes, Apple said in a filing yesterday.” These are the relatedRead More
  Well now no one saw this coming, at least at this point in the Patent War. Apple and HTC has published a joint statement announcing the settlement of the patent dispute. Writing for FossPatent, Meuller had this to say about the settlement: [quote] The settlement is surprising and unsurprising at the same time. The timing wasn’t expected since neither party had massive leverage over the other, though the upcoming preliminary ITC ruling I mentioned could have significantly strengthened Apple’s position. HTC (including its entire corporate group including S3 Graphics and ViaRead More
  Apple is clearly on a winning streak. After getting an injunction against Motorola Mobility, the Cupertino company has been cleared of infringing four of Samsung’s patents. According to FossPatent, “Administrative Law Judge E. James Gildea just issued his preliminary ruling on Samsung’s ITC complaint against Apple. At this stage of the investigation, four Samsung patents, including a couple of allegedly standard-essential ones, are at issue. Samsung had dropped one of its five patents-in-suit, a kind of streamlining that is expected in ITC investigations and also performed by Apple in its own offensive cases.”Read More
    [box] ITC remands investigation of Motorola complaint against Apple to judge: only one patent left Today the Commission, the six-member decision-making body at the top of the ITC, concluded its review of an initial determination according to which Apple was deemed to infringe a standard-essential wireless patent held by Google subsidiary Motorola Mobility (but was cleared of infringement of some other patents). Apple was cleared with respect to three of Motorola’s patents-in-suit, including the aforementioned standard-essential one. But with respect to U.S. Patent No. 6,246,862 on a “sensorRead More
  Its easy to forget due to the huge coverage of the US trial that these two companies are actually fighting it out in court in other countries as well. A South Korean court has ruled that both companies have violated each other patents and handed down immediate bans on sales of all infringing products along with fines. Some of the products being banned are Samsung’s Galaxy 10.1 Tab, Galaxy S I and Galaxy S II. In Apple’s case, the products include the iPhone 3GS and iPhone 4 handsets, as wellRead More
Fosspatent has struck gold again. Mueller has published the seven patents Motorola has filed against Apple with the ITC. According to Mueller, these are the seven Patents: [box] 1. U.S. Patent No. 5,883,580 on “geographic-temporal significant messaging” “The ‘580 Patent generally relates to messaging devices that process messages logically for a user in the context of space and time. The patent discloses, inter alia, a method and apparatus for receiving messages having a relevancy status (e.g., a location identifier) and processing the messages when the relevancy status changes.” accused products:Read More
After wrapping up their proceedings against Samsung Friday, its appears Apple’s legal team will have to start planning for another trial. This time Motorola – a Google subsidiary, filed a new patent case with the US International Trade Commission. Reports indicates  that Motorola is alleging that Apple is in violation of seven patents. These patents are apparently not considered standards-essential. According to a Bloomberg report, “Motorola Mobility and Apple have been fighting since at least 2010 after licensing talks failed. Apple has said Motorola Mobility is making unreasonable demands, and arguesRead More
Google is now Google General Counsel Kent Walker is recommending that some of Apple’s current patent in smartphones should be treated the same as standards-essential patents (SEPs). In an article for AllthingsD, John Paczkowski writes, “In attempting to fend off Appleand Microsoft’s suits against Motorola Mobility and advancing its own patent litigation against both companies, Google, which is facing a lot of regulatory scrutiny in the U.S. andabroad over what some allege is abuse of SEPs, has been arguing that proprietary non-standardized technologies that become ubiquitous due to their popularity with consumers should be considered de facto standards.”  Google General Counsel KentRead More