2023 Author: Gordon Kinson | [email protected]. Last modified: 2023-11-26 08:36
Company Apple won another major victory in its ongoing patent fight with the Samsung. The International Trade Commission (ITC) has ruled in Apple's lawsuit against Samsung, finding the Korean tech giant guilty of infringing on the US manufacturer's patents.
The final decision on the complaint filed by Apple in July 2011 concerns several Samsung products that identified violations of two Apple patents. The ban on imports of these products into the United States will take effect after a 60-day period during which the President of the United States can veto the organization's decision. Recall that a week earlier, the US President lifted the ITC ban on the sale of some Apple products due to violations of Samsung patents, which was supposed to come into force on August 4. This caused discontent in the camp of the South Korean manufacturer, who declared “foul play”.
But, as similar as these two cases are (both involve an attempt to ban a competitor's products for patent infringement), there is a fundamental difference between them. In the case of Apple's product ban, Samsung complained of infringement of so-called standard-essential patents. Such patents should not be used in competition, and their licensing by other manufacturers should be based on the principles of FRAND (fair, reasonable and non-discriminatory), that is, as open as possible. In turn, the American company based the lawsuit on two of its special patents, which describe the specific functions of the user interface of its mobile platform. Decision ITC will take effect 60 days later unless President Obama decides to intervene again.
The Apple believe that the decision ITC should be taken into consideration by the courts of other countries, where he listened to patent disputes between the two companies, including Japan, Korea, Germany, the Netherlands and the California court. This, according to Apple, will protect innovation and prevent Samsung from blatantly copying Apple's ideas. The protection of real innovations is the main task of the patent system - we are confident in the company.
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