ITC: Apple Guilty of Patent Infringement, Certain Devices Banned from Import

samsung-vs.-apple

The Samsung-Apple court wars are still raging, even if they haven’t received the same amount of attention. Regardless, the International Trade Commission today ruled against Apple, declaring that certain iOS devices infringed upon Samsung’s 3G patents. Models include the iPhone 4, iPad 3G, and iPad 2 3G.

What does this mean? For starters, people with affected devices can continue using these devices. In that regard, very little will change. This ruling does not go into effect for 60 days, during which the White House can veto the decision. If the White House upholds the ruling, then Apple can take the case further and contest this ruling, which would result in a postponement of this ban until another decision is made.

After all of these options are exhausted, Apple would be unable to sell the devices which were found to be infringing upon Samsung’s patent in the United States, and potentially elsewhere as similar cases would use this judgement in their consideration.

“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 Commission has further determined that the properly construed claims have not been proven by Apple to be invalid and that Samsung has proven that a domestic industry exists in the United States with respect to the ‘348 patent. The Commission has determined that Apple failed to prove an affirmative defense based on Samsung’s FRAND declarations.”

[The Verge]

Post a response / What do you think?