The Apple vs. Samsung battle is trucking along, and this time there’s more bad news for Samsung. Yesterday, a somewhat censored version of presiding Judge Thomas Pender’s suggested sanctions were published by the ITC and it includes not only an import and sales ban on the infringing products, but also the posting of a bond for 88 percent of the value of those phones.
The ruling, which finds Samsung guilty of infringing on one design patent and three software feature patents is yet to be approved by the ITC’s commission, and that date is set for February 19th. The phones affected here are all older models, Samsung’s flagships being covered in a separate complaint.
If confirmed, the bans would be followed up by a 60-day Presidential review period, with the 88 percent bond covering sales of the affected smartphones during it. Tablets and media players are also included, but at relatively lower rates of 37.6 percent and 32.5 percent respectively. Samsung, of course, had been arguing for much lower percentages.
There is another way out for Samsung, however. The ruling also leaves Samsung with the option of rolling out redesigns to the affected products’ software that could eliminate the need for a sales ban at all. There’s also the business of Apple’s design patents being “tenatively invalidated” by the USPTO which adds another variable to the equation, but it’s a far cry from actual invalidation or Samsung’s saving grace. Granted, this is all still up in the air, but it’s yet another peice of potential fallout from the unending patent war that doesn’t look good for Samsung. [Foss Patents via CNET]













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I cannot wait for the fall of Apple, fucking hate close platforms, no good for any one but dumb arses.
Hate the patent system. At the moment we have choice. For those who want a closed platform they can pick apple, for those who want an open system they can choose android and Microsoft seems to be putting itself somewhere in the middle.
The choice is good, its the patent system that allows very general patents which is screwing up the party.
I think ‘dumb arses’ is a tad overboard…
A was thinking he was watering that down. Some think they are dumb arses, some think deadhead fucks, a feel a compromise can be made, dumb arse deadhead fucks.
This comment brings nothing to Giz except mindless abuse. Take it elsewhere.
The truth hurts
Righto…
*Puts down can opener and backs away from can of worms*
Feeling too excited? STFU
What would you do if you’d invented/designed something and then saw another company using your invention/design?
I suppose you’d just shrug and call them dumb arses? Somehow I doubt it.
I know right, Apple spent years and millions developing that rounded rectangle!
“What would you do if you’d invented/designed something and then saw another company using your invention/design?”
Well you go Chapter 11, which happened to a number of add on peripheral company’s in the 90′s when Apple copied their products and put the Apple logo on
I think everyone outside the US court system knows Apple has zero claim on those patents, there is years of prior art on all of them. Even the trade dress claims (rounded corners to you and me) were thrown out of a UK court and Apple were made to apologise.
What Apple are doing here is manipulating a broken patent system to try and strangle competition. It is evil. Don’t make out like they are the victim.
Sweeping statements like ‘everyone outside the US court system knows’ is tenuous proof of argument at best. No one here has any idea what is really going on in the courtroom or inside the companies involved.
Purporting that Apple drove several companies to the wall in the ’90′s isn’t proof either.
If any company decides they have a product worth defending, then that’s what they’ll do and it’s what anyone else in business would do and does including Apple or anyone else.
Okay? You’ve made your point. You don’t like Apple.
You don’t need to look far, I didn’t post the links as i’d assumed everyone has read about it by now.
http://appleinsider.com/articles/12/08/13/apple_rubber_banding_pinch_to_zoom_patents_challenged_by_samsung_witnesses
If it was an original idea, a unique product, then yes, of course its worth defending. But touch screen phones aren’t a new idea, they are an evolution of old ones. You can’t patent that.
But this isn’t even defence, it’s scaremongering and bullying.
This place still full of Apple haters…
Dream on Haters, Apple will not fall!…. .