ITC judge recommends ban on Samsung products

However, Samsung might still be able to sell redesigned versions of products

A U.S. International Trade Comission judge is recommending sanctions against Samsung that include an import and sales ban on products found to infringe Apple patents, and the posting of a bond for 88 percent of the value of some of the devices involved in the case.

Administrative Law Judge Thomas Pender's remedy in the Apple complaint against Samsung was made public in a redacted version of his opinion that entered the ITC's filing system Friday. Pender in October issued a preliminary finding that Samsung infringed four of Apple's patents, one related to product design and three related to technology.

The infringing devices, in Pender's October ruling, include models of Samsung's Transform, Acclaim, Indulge and Intercept smartphones.

On Friday, Pender issued his remedy for the infringement, including a U.S. import ban that would begin after the 60-day presidential review period that follows a final ITC decision. In addition, Pender recommended a cease-and-desist order that would ban the sale of any commercially significant quantities of the allegedly infringing products that have already been imported.

"I find that the evidence shows more likely than not that Samsung maintains a commercially significant inventory of imported infringing accused products in the United States," Pender said in his opinion.

The remedy also includes the requirement for Samsung to post a bond of 88 percent of the value of all infringing mobile phones, 32.5 percent of the value of all infringing media players, and 37.6 percent of the value of all infringing tablet devices during the presidential review period.

However, Samsung still might be able to sell at least some of the products involved in the complaint. Pender has approved several Samsung workarounds -- or "designarounds" -- and if those designs are "legally safe but also technically adequate and commercially viable, Samsung can keep importing and selling," according to patent expert Florian Mueller in his FOSS patents blog.

In addition, the U.S. Patent and Trademark Office is re-examining several Apple patents, and in a preliminary ruling has already rejected a touchscreen patent involved in the ITC complaint.

The judge's recommendations also must be approved by the six-member ITC Commission.

Neither Samsung nor Apple were immediately available for comment.

Apple filed the complaint against Samsung last summer, after Samsung had filed a similar patent complaint against Apple. The ITC inquiry is part of a broader patent battle. In perhaps the most significant case, a California jury this summer decided Samsung should pay Apple US$1.05 billion for infringing its patents. Samsung is appealing that decision.

Join the PC World newsletter!

Error: Please check your email address.

Tags Applesamsungconsumer electronicsintellectual propertypatentCivil lawsuitslegalMedia players / recorderssmartphones

Our Back to Business guide highlights the best products for you to boost your productivity at home, on the road, at the office, or in the classroom.

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Marc Ferranti

IDG News Service
Show Comments

Essentials

Microsoft L5V-00027 Sculpt Ergonomic Keyboard Desktop

Learn more >

Lexar® JumpDrive® S57 USB 3.0 flash drive

Learn more >

Mobile

Lexar® JumpDrive® S45 USB 3.0 flash drive 

Learn more >

Exec

Lexar® JumpDrive® C20c USB Type-C flash drive 

Learn more >

HD Pan/Tilt Wi-Fi Camera with Night Vision NC450

Learn more >

Lexar® Professional 1800x microSDHC™/microSDXC™ UHS-II cards 

Learn more >

Audio-Technica ATH-ANC70 Noise Cancelling Headphones

Learn more >

Budget

Back To Business Guide

Click for more ›

Most Popular Reviews

Latest News Articles

Resources

PCW Evaluation Team

Azadeh Williams

HP OfficeJet Pro 8730

A smarter way to print for busy small business owners, combining speedy printing with scanning and copying, making it easier to produce high quality documents and images at a touch of a button.

Andrew Grant

HP OfficeJet Pro 8730

I've had a multifunction printer in the office going on 10 years now. It was a neat bit of kit back in the day -- print, copy, scan, fax -- when printing over WiFi felt a bit like magic. It’s seen better days though and an upgrade’s well overdue. This HP OfficeJet Pro 8730 looks like it ticks all the same boxes: print, copy, scan, and fax. (Really? Does anyone fax anything any more? I guess it's good to know the facility’s there, just in case.) Printing over WiFi is more-or- less standard these days.

Ed Dawson

HP OfficeJet Pro 8730

As a freelance writer who is always on the go, I like my technology to be both efficient and effective so I can do my job well. The HP OfficeJet Pro 8730 Inkjet Printer ticks all the boxes in terms of form factor, performance and user interface.

Michael Hargreaves

Windows 10 for Business / Dell XPS 13

I’d happily recommend this touchscreen laptop and Windows 10 as a great way to get serious work done at a desk or on the road.

Aysha Strobbe

Windows 10 / HP Spectre x360

Ultimately, I think the Windows 10 environment is excellent for me as it caters for so many different uses. The inclusion of the Xbox app is also great for when you need some downtime too!

Mark Escubio

Windows 10 / Lenovo Yoga 910

For me, the Xbox Play Anywhere is a great new feature as it allows you to play your current Xbox games with higher resolutions and better graphics without forking out extra cash for another copy. Although available titles are still scarce, but I’m sure it will grow in time.

Featured Content

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?