The U.S. International Trade Commission has ruled that Apple infringed on a Samsung patent and issued a cease and desist order for the AT&T iPhone 4, iPhone 3GS, iPad 3G, and iPad 2 3G.
Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 in this investigation and has issued a limited exclusion order prohibiting respondent Apple Inc. of Cupertino, California (“Apple”), from importing wireless communication devices, portable music and data processing devices, and tablet computers that infringe claims 75-76 and 82-84 of U.S. Patent No. 7,706,348 (“the ’348 patent”). The Commission has also issued a cease and desist order against Apple prohibiting the sale and distribution within the United States of articles that infringe claims 75-76 and 82-84 of the ’348 patent. The Commission has found no violation based on U.S. Patent Nos. 7,486,644 (“the ’644 patent”), 7,450,114 (“the ’114 patent”), and 6,771,980 (“the ’980 patent”). The Commission’s determination is final, and the investigation is terminated.
The import ban will go into effect unless vetoed by President Obama during the 60-day Presidential Review period. Apple can appeal the ruling to the United States Court of Appeals for the Federal Circuit.
Apple will appeal a decision by the United States International Trade Commission that found Apple infringed on a Samsung patent with its older iPhone and iPad devices, according to AllThingsD.
The import ban will go into effect unless vetoed by President Obama during the 60-day Presidential Review period. Apple will appeal the ruling to the United States Court of Appeals for the Federal Circuit.
“We are disappointed that the Commission has overturned an earlier ruling and we plan to appeal,” Apple spokeswoman Kristin Huguet told AllThingsD. “Today’s decision has no impact on the availability of Apple products in the United States. Samsung is using a strategy which has been rejected by courts and regulators around the world. They’ve admitted that it’s against the interests of consumers in Europe and elsewhere, yet here in the United States Samsung continues to try to block the sale of Apple products by using patents they agreed to license to anyone for a reasonable fee.”
As expected Samsung was happy about the decision. “We believe the ITC’s Final Determination has confirmed Apple’s history of free-riding on Samsung’s technological innovations,” Samsung said in a statement to AllThingsD. “Our decades of research and development in mobile technologies will continue, and we will continue to offer innovative products to consumers in the United States.”
The ITC’s cease and desist order applies to the AT&T iPhone 4, iPhone 3GS, iPad 3G, and iPad 2 3G.