The U.S. International Trade Commission ruled in favor of Samsung Electronics this week against Apple Inc. in the two companies’ battle over mobile device patents.
The United States International Trade Commission (ITC) is an independent federal agency that not only provides trade expertise to both the legislative and judicial branches of the government, but also determines the impact of imports on industries in this country and directs actions against trade practices such as patent, trademark and copyright infringement.
The ITC found that Apple had infringed on a patent owned by Samsung that pertains to older iPhone and iPad models sold by AT&T Inc.
A limited order stopping all imports and sales for AT&T models of the iPhone 4, iPhone 3GS, iPad 3G and iPad 2 3G, was issued by the ITC. Although all of these Apple products are older models, they are still being sold in this country.
The ITC’s ruling overturned an earlier decision by ITC Judge James Gildea, who ruled in September of last year that Apple did not violate patents at issue in the case.
Of Interest:
The ITC ruled that Apple infringed on a patent that relates to 3G wireless technology and the ability to transmit multiple services simultaneously and correctly. Samsung had claimed Apple was infringing on three other patents, but the ITC ruled that Apple only infringed on this one patent.
Apple spokeswoman Kristin Huguet said in a statement, “We are disappointed that the commission has overturned an earlier ruling and we plan to appeal.”
Samsung said in a statement that the ITC decision “confirmed Apple’s history of free-riding on Samsung’s technological innovations.”
Exclusion orders issued by the ITC are sent to President Barack Obama. President Obama has sixty days to review the order, and if he does not veto the order, it then goes into effect. It is quite rare for a president to veto ITC rulings. According to the ITC, President Ronald Regan was the last president to veto an ITC ruling.