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- ITC banned number of Samsung devices from imports.Is it a victory for Apple?
Posted by : Unknown
Friday, August 9, 2013
The ITC’s ban is a victory for Apple, but an arguably hollow one. Most of the banned devices were released more than two years ago, and many have been discontinued. Additionally, the scope of Samsung’s infringement has been narrowed: the ITC disagreed with a prior judgment, ruling that the company was not guilty of four patents, most of which dealt with hardware aesthetics and basic software functionality. That being said, the decision does set a precedent, and could factor into future lawsuits Apple may decide to bring against rival smartphone makers.
The ban on select Samsung devices will go into effect after a period of executive review. President Obama has, once again, the option to veto the ITC’s decision, but he’s unlikely to do so; the patents in question are, unlike in the case of the Apple product ban, of a design nature, and not standard-essential. Should the order proceed, Samsung and its U.S. subsidiaries have a period of 60 days in which to cease the sale and import of affected devices. After that, we can only hope that the smartphone patent wars ratchet down a notch