Apple suffered a loss in their ongoing patent infringement battle against Samsung Electronics Co., as a major U.S. agency ruled a number of iDevices infringed patents.
The U.S. International Trade Commission (ITC) ruled on Tuesday that the iPhone 3GS, iPhone 4, and iPad 2 violated Samsung's patents. According to the order, signed by ITC's Acting Secretary Lisa R. Barton, Samsung "has proven" that the three before-mentioned Apple devices infringed Samsung patent '348. Further, the commission believes Apple did not provide enough evidence to show they didn't violate any of Samsung's claims.
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"The Commission has determined that the appropriate remedy is a limited exclusion order and a cease and desist order prohibiting Apple from importing into the United States or selling or distributing within the United States wireless communication devices, portable music and data processing devices, and tablet computers that infringe claims 75-76 and 82-84 of the '348 patent," the ITC notice added.
The three Apple devices that might cease to exist are, however, only applicable through carrier AT&T. No mention was made in regards to the iPhone 4, iPhone 3GS, or iPad 2 through fellow major U.S. carriers Sprint and Verizon Wireless. The decision does affect two smaller carriers: General Communications Inc. in Alaska and Texas' CT Cube LP.
The ITC's decision has reached to President Barack Obama, and he does have the option to overturn the commission's decision. President Obama has 60 days to review the matter before the ban goes into effect, until then, Apple can continue selling the iPhone 3GS, iPhone 4, and iPad 2.
The decision is separate from the ongoing patent infringement trial in San Jose, Calif. Apple and Samsung are currently preparing for their second patent lawsuit, which will include the iPhone 5, Samsung Galaxy S3, and Galaxy Note 2, to name a few. Apple recently filed to add the Galaxy S4 to the trial, claiming it violated five of the Cupertino-based company's patents.
The second patent infringement trial is set for spring 2014.
As Latinos Post has been monitoring, Judge Koh reduced the $1.05 billion verdict of the first trial by 40 percent, or approximately $450.5 million. Apple was awarded the sum by a jury last August.
Relive the origins of the Apple vs. Samsung Patent Infringement Trial. Latinos Post chronicled the start of the case dating back Apple original complaint, which can be read here, while the second installment on how the Apple vs. Samsung trials is proceeding worldwide, click here. The third installment on its impact on other tech companies, such as HTC and Motorola, can be viewed here.
Apple vs. Samsung ITC Ruling on June 4, 2013