ITC rules for Samsung, bans import of older Apple devices

Samsung and Apple have had lots of legal fights over the past few years, including the big one in 2012 in the US when a jury ruled that Samsung had violated some of Apple's design patents for the iPhone and iPad. Today, Samsung actually won a small but interesting legal victory against Apple, again over the iPhone and iPad.

Bloomberg reports that the United States International Trade Commission ruled today that older iPads and iPhones made before the 4S can no longer be imported into the country. The reason? The ITC agreed with Samsung that those older iOS devices violated one of Samsung's patents.

Specifically, the patent in question deals with data transmission, but Apple claims that Samsung's patent is an industry standard and as such Samsung should offer it for license under the fair terms doctrine. Samsung claims it has offered Apple a way to license the use of the patent for over two and a half years but that Apple did not wish to buy the license under any terms.

The import ban covers the AT&T versions of the iPhone 4, iPhone 3GS, iPhone 3, iPad 3G, iPad 2 3G and iPad 3. All of these are older models compared to the current iPhone 5 and the fourth generation iPad. Therefore, the ban will likely not affect Apple that much in the long run.

Source: Bloomberg | Image via Apple

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24 Comments

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Well it's all for nothing if the products that are banned from being imported are no longer being sold anyways.

Normally Apple is the bully in these situations but it's a really dirty move for Samsung to license the patents to Apple and then sue them for it, that just doesn't seem right but I guess they've got a score to settle with Apple since they launched the first legal attack.

All is fair in the technology market place I guess but it's true that in the end it's the consumer who foots the bill for these lawsuits. I read a great article about how patent licensing works on http://trademarkshop.ca/blog recently for anyone who's wondering about the ins and outs of intellectual property protection.

The iPhone 4 is still being sold as a free on 2 year contract signing. Even though it was only the 8GB model. So that was at least a cheap option for prepay phones and sales in developing countries. So that money is now off the table.

It is funny how this is actually the 3rd time Samsung said they tried to license technology to Apple and Apple simply refused. Though they didn't win before, it nice they did finally. It just proves Sammy wasn't lying and this ITC person isn't in Apple's hop pocket.

When Apple gives sales numbers, they don't provide sales of individual items, just the family name. But 3rd parties have stated that at least for 2012, most of Apple iPhone sales were of the 4 and 4S and then most 4S after the 5 was announced and 5 sales didn't pick up until XMAS.

So Apple should be fined for every model of those devices they did sell and that should basically wipe out that $1Billion Apple thinks Samsung owes them from the US court case.

Because if you total up the sales of all of those you should get 200M devices easily and the court has to decide how much Samsung should get in damages and how much each device was worth if they had licensed it at a fair price. If Samsung said $15 per device sold that seems fair. PAY UP APPLE!!!!

Funny how this gets posted and just about every new accent color in Windows 8.1 gets its own article, but writing about the newly released OS X 10.8.4 update is just a bridge too far huh?

ultimatescar said,
The never ending battle.

Namste! Hur mår du? Interesting superimposing flag icon you got there.

More like telling your child to hit his brother back whenever they fight. Let's all disregard that they shouldn't be fighting like this to begin with...