Apple appeals its ITC win against Samsung; wants more Galaxy products banned?

October 16, 2013

    Apple iPhone 5s vs Samsung Galaxy S4 aa 3

    Not happy with the Samsung product import ban that it has won with the International Trade Commission (ITC), Apple has filed an appeal hoping to broaden the scope of the import ban against the Android device maker.

    A few days ago, an ITC ban against Samsung in a complaint filed by Apple was upheld by the Obama administration, which decided not to veto the import ban against Samsung devices.

    A few months ago, in a reversed case it was still Apple that prevailed upon Samsung, as the ITC import ban against Apple products was vetoed by the administration.

    It’s not clear at this time what Samsung devices will be banned in the USA according to the current ruling, but it’s likely that we’re looking at older smartphones and/or tablets, that may not even be available in stores in the region.

    However, by appealing the case, Apple is clearly seeking to broaden the scope of the import ban against Samsung to possibly include other newer Galaxy-branded devices.

    Florian Muller from FOSS Patents, who discovered Apple’s appeal, says that following the appeal there are various potential outcomes, including a broader win for Apple, but also a reversal on certain patent claims – Apple’s wasn’t a complete win, as the ITC only found certain products to violate certain patents held by Apple.

    Samsung is also expected to file an appeal of its own, as the South Korean giant had to wait for the Obama administration to either upheld the ITC ruling or veto it before actually filing. This will probably happen once the U.S. government resumes its activity.

    We’ll be back with news from the Apple vs Samsung and Samsung vs Apple patent squabbles in the future, as this fight isn’t going anywhere anytime soon.

    ITC Notice of Appeal

    Comments

    • bossytexaschick

      You don’t have to be employed by Apple to want Galaxy products banned. I’m just Joe the Plumber and quite frankly, i’d love to see their Note series, anything with “Active” in the title, anything with “Zoom” in the title, Tab 7 or 10 point “anything” or anything that has a concave (oy) display banned… I haven’t been this sick of the “galaxy” since Star Trek/Next Generation….lol

      • Revver

        So basically you don’t like having a wide range of choices

      • monchis

        Quite frankly… nvm my comment was too nasty.

      • Junior Rosario

        WOW SAMSUNG Success is really getting to the CORE americans……SAMSUNG As a copy cat has shown the world that they were students trying to beat their teacher…..and now the teacher is very well afraid of the student success….APPLE just want to suck people’s hard earned dollars by not giving them what they are paying for….Samsung is doing the opposite….Giving customers everything possible at once…..who wins at the end? consumers that choose wisely…do you like Apple and what they have to offer….go with Apple….Or do you like the Best of whats available….Go with android….and their wide array of devices….

      • ziplock9000

        So your a jealous brat

      • Doan

        “Ban everything I don’t like.”

        Your immaturity is showing.

      • Jon E

        I’d like to see anything coming from or with Texas in the name banned on the basis of inherant stupidity.

      • bossytexaschick

        Nope….LG is the opposite of Apple. Samsung has slowly but syrely been increaing their pricing (to compensate themselves for their massive advertising budget, no doubt) and decreasing the refinement of their gazillion handsets. Have you picked up a Samsung Galaxy product lately?

        On its own. Its a decent, but way overhyped and overpriced and mostly every single phone they sell will at one time or another disappoint the consumer for one reason or another… LG is busy constantly surprising the consumer, charfging an avg of 20% less and delivering 100% more…and don’t go there about “copycatting”.. Do the research, both companies purchase their software from outside sources. LG just implements it better….

        y’all are free to disagree but as an ex sammy girl for years upon years, even way before they started getting intheir own way, i stand by my ooinion and you would too if you gave a recent LG product a second look….

        wasn’t wanting to get in a war here, but when Discus informed me i had 7 down votes, i was like.”oh no they didnt” lol

    • icyrock1

      One thing people need to consider is that, the “patents” that they both have sued over are fundamentally different. Samsung sued over essential patent, that by law, they had to lease to others. Apple’s patent’s are non-essential (meaning that they don’t have to lease them to other’s, though, it’s in there benefit to do it).

      That being said, the patent system needs a massive overhaul.

      • APai

        one thing that needs to be said is that apple never negotiates over their patents (which are silly to begin with, has prior art). the reason samsung and others have to resort to essential patent trolling is because apple has some pretty ridiculous patents thanks to USPTO.

        now with obama helping them out when needed, and US courts & a biased jury too siding with apple , why should there be trade agreements and the kind ? US is turning to be a monopolists’ dream (as long as you are a US based monopoly)

        • icyrock1

          I’m not defending either of there actions. However, Apple isn’t the only one that has ridiculous patents (amazon has a patent on one click payment on websites and applications. Yeah. Something that obvious).

          Obama is not the problem (bush’s administration let many of these patents go through too. Same with Clinton. In fact he’s trying to fight the problem). The problem here is that the system allows for you to get patents without having working model’s or examples.

          • flamencoguy

            But Amazon has not used that patent to sue anyone yet unlike Apple. Perhaps they are just acquiring patents for defence more than offence

            • icyrock1

              What? Yes they have.

              http://news.cnet.com/2100-1001-231798.html

              Give ANYONE control over basic fundamental ideas and there bound to try and make a profit from it.

            • flamencoguy

              I stand corrected. I think Apple takes the prize for number lawsuits launched.

            • icyrock1

              Maybe. However, that’s besides the point. We need an overhaul of the system (seriously, the patent office is in dire need of it).

          • APai

            as a non US citizen, there’s little to no difference it makes whether its regime A or B. OTOH, i know that obama is trying to change things, but overall – its the same set of people like say how they cannot tackle a rogue clique called NSA. even the patent regime overall is something designed to keep USA ahead i nthe game, why else does MPAA/ RIAA have such a huge clout in the congress, obviously, its more than the lobbying money they pay to the senators.

        • Darktanone

          Apple uses it’s patents to differetiate it’s product from other products. If another company uses it, Apple sues. That simple! They are not interested in licensing their patents and since they are not Standards Essential Patents (SEP), they don’t have to. If Apple violates another company’s patents, Apple is taken to court and sometimes they win and sometimes they lose. Seems fair to me. Point is, if you violate someone’s patents they sue. I think it’s our biases that’s broken, even more so than the patent system.

          • APai

            lol, you mean the patent system isnt borked ? if people knew they could patent geometry, people would have done so long back. apple did it because it had squat, uncle scam obliged rather willingly. and again when it came to their protection racket with a presidential “pardon”

            • Darktanone

              With you it doesn’t matter if Apple wins by jury, judge or a presidential pardon. It will always be unfair in your eyes. Samsung is an innocent victim of Apple and the US government. They’ve done nothing wrong and don’t deserve to be convicted of patent infringement. I’m not sure what influence Samsung has over you, but it’s clear your bias is more broken than the patent system and the US justice system.

            • APai

              I did not mention samsung is innocent here. i havent owned a single samsung device. hilarious, that you are clearly biased towards apple

      • NeedName

        And apple refuses to license FRAND patents, pretty much from anyone unless they get caught using other patents as well and then have to make a wide agreement, as they did with Nokia.

        In other words, apple consistently gets a free ride off other company’s work when it comes to FRAND patents. . . because apple has never invented anything!

        • SimonC

          Another problem with Apple is that 99% of the time when a license is offered to them they reject it and go crying to the courts to try get it reduced to pittance. When a FRAND license is offered most companies negotiate a more agreeable rate, but Apple don’t negotiate they continually stall the process in the court room which is why Samsung is seeking damages.

    • RanRu

      Cool, so now they can spend millions of dollars and two years in courts before successfully banning the Galaxy S4? For all the wins in legal battles that Apple has laid claim to, have any of the up to this point actually been relevant?

      • Darktanone

        It’s building and Apple’s efforts are about to pay off big. Apple uses each small victory to build on the next. This article is an example and, if the court sides with them, it will be a big blow to the entire Android platform. They’ll have to come up with work arounds or face product bans or licensing fees for every device found to infringe.

    • Kash Gummaraju

      Maybe if every single smartphone and computer company sat down together to find every single violation that apple has made on their patents, Apple would stfu and quietly go back to releasing rebaked devices every year and never touch a courthouse or legal paper unless it is being sued.

    • APai

      go right ahead, apple! uncle scam obama’s there on your side!

    • Dimitar Gospodinov

      why are threy bothering with law suits…just ask Obama to do it for them…apparently thr court of law does not have the word in the USA…

    • T.J.

      This nonsense is the main reason I will never buy another Apple product.

    • Luka Mlinar

      I still can’t get over what Obama did and how wrong it was. So much for democracy in the US. They should just rename it United States of Apple.

      • Darktanone

        Don’t be so short sighted. The Obama administration decision goes beyond just Apple and Samsung. The decision affected every business with patents including Samsung and averted potential price increases for consumers. Allowing Samsung a victory based on Standards Essential Patents (SEP) would have potentially opened the door for other such similar lawsuits across all industries. The terms Samsung offered Apple, 2.4% for each iPhone and access to all Apple patents, were too onerous and clearly not Fair, Reasonable And Non Discriminatory (FRAND).

    • diper07

      That’s how I react when someone says I am Iphone user therefore I am rich and most superior.

      http://d24w6bsrhbeh9d.cloudfront.net/photo/ajr84Qw_460sa.gif

      • NeedName

        funny, studies in the EU show that iphone users’ bank accounts are in the red. . . . in other words, they are broke pretentious losers.

    • suprafly

      Reason why I never buy iCrap no innovation, just more litigation..

    • flamencoguy

      That is total ridiculous. Win in court first then ask for more.
      Like: I am suing for $1 million and after I win I say no I wanted $2 million.
      What kind of shenanigans are they playing here?
      It’s like the Republicans approving the debt ceiling then Obama saying no I wanted twice that amount.

    • Darktanone

      To make the field more competitive, patent cases should be settled faster. It shouldn’t take years. By the time most of these cases get heard, the products being litigated have been replaced by newer models that are not subject to the outcome of the lawsuit. They should be settled while the products are still on the shelves. Companies, like Samsung, use this to their advantage. This is how they gain market share and increase revenue and profits. The cost of the lawsuit compared to the revenues generated, due to lengthy litigation, is worth the hassle. Settling the cases faster will discourage this behavior and force these companies to innovate, instead of intentionally violating patents to gain market share and increase their bottom line.

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