Apple asks for stay on ITC ban on iPhone and iPad models pending appeal

The U.S. International Trade Commission ruled in June that some Apple products violated a Samsung patent

Apple has asked the U.S. International Trade Commission to stay a ban on certain iPhone and iPad models pending an appeal.

The ban could come into effect on Aug. 5 after a 60-days review period during which U.S. President Barack Obama can veto the order.

If the orders go into effect, Apple will lose not only sales of its iPhone 4 and iPad 2 3G GSM products but also the opportunity to gain new smartphone and tablet customers who otherwise would have purchased the entry-level Apple devices, it said in a filing Monday to the ITC. The company has appealed the ITC order in the U.S. Court of Appeals for the Federal Circuit.

Whereas other major handset and tablet manufacturers make and market a large number of new devices each year, Apple's business model is to typically introduce only one new phone and one new tablet, and at most only a few new phones or tablets in any given year, it added.

The orders "will sweep away an entire segment of Apple's product offerings," Apple said. Carriers who use GSM are also likely to be affected in a competitive market, it added in the filing which which was redacted in some parts.

The ITC ruled on June 4 that Apple infringed a Samsung Electronics patent, and passed an "exclusionary order" that would ban the import of AT&T models of the iPhone 4, iPhone 3GS, iPhone 3, iPad 3G and iPad 2 3G.

The ITC found that Samsung did not prove that three other of its patents were violated by Apple. The violating patent covers apparatus and method for encoding and decoding of mobile communications.

As Samsung declared the patent to be standard-essential, it could not reasonably expect to exclude others "from practising its claimed invention," Apple said in the filing. If the stay is granted and the Commission's final determination is affirmed on appeal, Samsung can then seek FRAND (fair, reasonable, and non-discriminatory) royalties through a patent infringement suit that it has already initiated in the District of Delaware, it added.

Apple noted in its filing that it is not aware of any investigation in which the Commission has stayed enforcement of an exclusion order. The order in the current case differs from those in other investigations because they arise from "a declared-essential patent that the patent owner has promised to license on FRAND terms," it said.

John Ribeiro covers outsourcing and general technology breaking news from India for The IDG News Service. Follow John on Twitter at @Johnribeiro. John's e-mail address is john_ribeiro@idg.com

Tags Appleconsumer electronicsintellectual propertysmartphoneslegaliPhoneSamsung Electronicspatent

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

John Ribeiro

IDG News Service

Comments

Comments are now closed.

Most Popular Reviews

Follow Us

Best Deals on GoodGearGuide

Shopping.com

Latest News Articles

Resources

GGG Evaluation Team

Kathy Cassidy

STYLISTIC Q702

First impression on unpacking the Q702 test unit was the solid feel and clean, minimalist styling.

Anthony Grifoni

STYLISTIC Q572

For work use, Microsoft Word and Excel programs pre-installed on the device are adequate for preparing short documents.

Steph Mundell

LIFEBOOK UH574

The Fujitsu LifeBook UH574 allowed for great mobility without being obnoxiously heavy or clunky. Its twelve hours of battery life did not disappoint.

Andrew Mitsi

STYLISTIC Q702

The screen was particularly good. It is bright and visible from most angles, however heat is an issue, particularly around the Windows button on the front, and on the back where the battery housing is located.

Simon Harriott

STYLISTIC Q702

My first impression after unboxing the Q702 is that it is a nice looking unit. Styling is somewhat minimalist but very effective. The tablet part, once detached, has a nice weight, and no buttons or switches are located in awkward or intrusive positions.

Latest Jobs

Shopping.com

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?