Wednesday, November 21, 2012

Apple Inc. (NASDAQ:AAPL) V Samsung: ITC to review the case

The U.S. International Trade Commission is set to review a decision by a judge who found that Apple Inc.(NASDAQ:AAPL) was not guilty of violating patents held by Samsung in building the iPad Touch, iPhone and iPad.

In a preliminary ruling in September, an administrative law judge James Gildea had said that Apple did not violate any of the patents. The ITC said that it would take up the matter and review it. A final decision on this is expected in January.

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In the event that Apple is found to have been violating the patents, then it faces the risk of being banned from selling its devices in the United States.

In its announcement that it would review the case, the ITC asked for briefings on how it should consider standard essential patents, which are normally expected to be licensed widely and on fair, reasonable and non-discriminatory terms, Reuters reported.

The use of standards helps companies ensure devices are interoperable. Some antitrust enforcers have argued that it is wrong for companies which own standard essential patents to ask for infringing devices to be barred from the country except in extreme instances, it said.

The two essential patents that are under dispute in the complaint are related to 3G wireless technology and the format of data packets for high-speed transmission.

Both Apple and Samsung had flung allegations against each other for copying and infringing on their individual patents with Apple accusing the Korean handset maker of copying the designs of its iPhones and iPads.

The disputes are now being fought in court over six continents. 

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