Apple found guilty of infringing Samsung patent, select iPhones and iPads facing ban in the US

apple-samsung

Looks like Apple’s ongoing legal drama came back to bite them in the ass. The US International Trade Commission has found Apple guilty of infringing on a Samsung-owned patent, issuing a cease-and-desist order on older iPhone and iPad models. The limited exclusion order specifically targets the Apple iPhone 4, Apple iPhone 3GS, Apple iPad 3G, Apple iPad 2 3G and their use of Samsung’s wireless 3G patent (no. 7,706,348).

When it comes to exclusion orders, they’re all forwarded to President Barack Obama where he has 60 days to review and approve/veto them. While not a gigantic win for Samsung, I think it’s simply nice too see Apple a little more vulnerable than usual. It was only a few months ago an ITC Judge cleared Apple of allegedly violating 4 Samsung patents. After being sent for review, I guess the ITC commission didn’t feel the same way. Expect an appeal (as always).

[Notice of Ruling | via Reuters]

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  • TechGuy22

    mwahahahah. pay back is a B

    • Alec Smith

      Payback? Only one of those phones is being offered and its free. Samsung took away the free phone offering. I’m sure Apple is crying in a corner now right because payback is such a B

      • NIGHTSCOUT

        that phone is not actually free, it’s subsidized. If you don’t know what that means, google it.

        • anonymously_redacted

          Trust me, most people don’t realize that phones in the US are subsidized. They think it’s “ridiculous” that they cost as much as $700. I mean, after all “they only cost like $15 to make, right?” And let us not forget that “((insert carrier name here)) is just trying to rip me off on that price. I mean, ((insert big box mart or bulk warehouse club here)) was selling this one for a penny last week. And I have can’t get that device at that price any time? Just every two years?! Unbelievable…My bill is the size of a car payment, and after 15 years of my money you can’t just give me a free one?!?!? GO GET YOUR MANAGER. THIS IS BULLS**T! I don’t want some @sshole just reading off a script…”

          Also, from my perspective (take 3 guesses what I do based on what I’ve said), the “free iPhone” was one of the top selling devices of the last 3-4 months or so. Most consumers are clueless about what they’re actually buying. To them, an iPhone is an iPhone. There is no discernible difference between them.

          (note: everything in quotes are, in fact, direct quotes that I have heard multiple times from actual consumers in a heavy traffic location servicing nearly every demographic you can image)

        • Scott Stafford

          well played

      • Marsg

        hey at least its still being offered lol, Apple got a ban on the 2 year old Galaxy S last year and that was lifted a week later even though the phone was discontinued.

      • barondebxl

        That’s not the point. Even if it was the first gen iphone, its the fact that Samsung is able to stop apple’s arrogant ass. Trust me apple isn’t happy about it, its a matter of principle. Apple can suck on it, gag on it!

        • Z Wolf

          You’re a douche bag.

          • Greg Bissell

            IOS users are douche bags and tech illiterate sheep

          • barondebxl

            Youre worst than a douche bag, you’re an Isheep.

  • Jack Parker

    Ha. thats what apple gets

  • JBrowne1012

    Obama isn’t going to ban it… Its an American company….

    • jbo1018

      An American company who brings like 12 jobs to this country out of the thousands they employ.

      • Alan DeMunck

        Hey Obama can’t afford to lose 12 more jobs now….

    • gtbarry

      An “American” company that pays almost no taxes in America, but has employee-less entities in Ireland that make all the profits from the thousands of labors that Apple is the chief source of revenue for in China. But “designed in California!”

      • uniquename72

        “An “American” company that pays almost no taxes in America”

        I’m no Apple fan, but if you’d been paying attention, you’d know that Apple pays $16-million per day in U.S. taxes.

        That’s more than nothing.

        • gtbarry

          And if you had been paying attention in remedial math you would know that is a fraction of what it actually SHOULD be paying. “Apple’s annual reports show that over the past three years, Apple paid taxes worth 2 percent of its $74 billion in overseas income.” http://www.reuters.com/article/2013/05/21/us-apple-tax-loophole-idUSBRE94K0MH20130521

        • stucrmnx120fshwf

          Therefore on a sliding scale, with 60% of their sales and profits earned in the US, because of alpha male/female status culture, 60 billion of their 100 billion pure profit cash reserves earned in the US. They would have paid 6 billion in the last 1,000 days, or 10% of their pure profit cash reserves. Wouldn’t you like to pay 10% tax on your savings, rather than 25% on your income ?!!!

  • Alec Smith

    3g is the best Samsung could sue them on? 3g patents are usually covered under fair usage so this was the last thing to try to sue them over.

    • louched1

      Fair usage doesn’t mean that other companies get to use the technology without paying licensing fees, hence the decision by the ITC to implement the ban.

      • Alec Smith

        If you’ve read reports before you’d know apple went through the same process to try to pay them as they do with other companies but Samsung did not comply and would not let apple use them no matter what. Which is why apple didn’t pay them, because Samsung said no anyways

        • Cesar Ortiz

          So you’re saying It’s ok to use a patent without authorizing it?

        • louched1

          If that were true the ITC wouldn’t have found Apple guilty of infringing on the patent, instead Samsung would be getting in trouble for abusing FRAND standards. Check the headline again to see what the outcome was.

        • Joshua Hill

          Apple attempted to have the patent deemed “standards essential” so they could use it and failed. They seem to have found a different 3G implementation for the iPhone 4S and 5.

          ‘If you’ve read reports before’ you would know this @alecsmith:disqus.

  • louched1

    Here’s the patent that Apple was found guilty of infringing on:
    http://www.google.com/patents/US7706348

    A quick scroll thru will show that it’s much more than just rounded corners or clickable links in e-mails on a mobile device.

    • Jeff72

      1111000100: 000011000101001110011010111110011111000101: 111100111010110001100101000001101111000110: 010110010000011011001111101011001111000111: 10100110111110010011000001010011

      Ahhhhhhhh! Stop the madness!

    • bigdav1178

      That’s not a novel invention, anyone could have come up with that. Now, clicking on a group of numbers, having it open the phone app and dial those numbers… BRILLIANT!

    • flamencoguy

      Yep it is much more involved than “slide to unlock”, “scroll bounce”, “tap to zoom”, rectangles and rounded corners, “page turn animation”, “type ahead”, “pinch to zoom”, “swipe to turn” and any number of Apple “troll” patents.

  • Alec Smith

    BTW this still has to pass over Obama and he is an Apple fan so its not a 100% sure win yet.

    • http://twitter.com/gamercore Chris Chavez

      He’s also a Jay-Z fan, so…..

      • jbo1018

        That is…..disturbing.

      • bmg314

        Wait… what?

  • http://twitter.com/EverTroy Evertroy

    This is all old crap anyways… nobody is buying it unless it’s used. Sorry Sammy, to little to late.

  • Cory Skelton

    While this probably means nothing it’s very nice to see Apple lose something.

  • Jordan Caviness

    How do you like them apples?

  • Jonbo298

    Only one on that list that would even remotely impact Apple is the iPhone 4 since carriers are still selling it for free at last check.

    • anonymously_redacted

      You can actually get the iPad 2 still in some places

  • ionekoa

    yeah, that’s like making someone get rid of a TV they purchased with ill gotten gains…. 3 years after they threw said TV away.

  • antinorm

    *nelson* HA HA!

  • TheHowiie

    A win nevertheless.

  • RobertArias

    My joy is immeasurable right now

  • gtbarry

    Why are people whining about this Samsung victory? Because older model apple phones were banned as a part of the verdict? Do you remember what devices apple asked to be banned? At a time when the Note and SIII were the hot sellers, they asked to ban: Galaxy S, Galaxy S2, Droid Charge and Galaxy Prevail. http://phandroid.com/2012/08/27/apple-files-to-have-8-samsung-phones-banned-in-the-us-including-most-of-the-galaxy-s2-line/

  • Patrick Bateman

    As they say in china 他妈的苹果

    • Jared Meadows

      LOL

    • Cesar Ortiz

      hahaha made my day

    • Jeff Saul

      That made me smile… thanks to google translate :-)

    • Scott Stafford

      Well played, awesome.

  • real0325

    The American bullying system.

  • ASW

    Go Samsung!

  • jackdubl

    This is the only redeeming quality of current patent law/disputes in the US. They usually only affect old phone’s that don’t matter anymore.

  • DDroid45

    See. If apple woulda just chilled out and not start picking fights, they wouldn’t have walked into an ass whippin

  • kevin

    Love it

  • kevin

    Love it

  • http://none kevin

    Love it

  • Dan Fryling

    Well at least it’s a psychological victory. I hate Apple f##k them.

  • jschu22

    I still can’t understand hate in any direction. if not for Apple we would all be using a Samsung Instinct 6.

    • bmg314

      Nah, Pantech would rule the world.

    • flamencoguy

      If not for Apple there wouldn’t be these tech troll lawsuits. If not for Apple, Xerox would be king. If not for Apple there wouldn’t be any iSh**p.

      Motorola invented cell phone technology. If not for Motorola. There would not be an iPhone.

      • jschu22

        OK, so let’s hate Motorola too

        Are you actually thinking about what you type ?

    • stucrmnx120fshwf

      Someone would have exploited the CPU/GPU, RAM, flash, screen, lots of compact linux OSs out there, the apps ecosystem was an inevitable outcome of client server datacenter object oriented programs. Samsung had already been working on its Bada phones, Microsoft, Nokia, Blackberry, all they had was a user friendly GUI, given the technological moment someone else would have developed one. Google bought Android from another company, Samsung made all the components.

  • REVS

    shhhhhhhhhhhhahsshshhshsahshahskjahsiksdfjksdbjkdbgoidrpojdpojhpodfpo OWNED

  • leocal79

    Obama was never a Steve jobs fan and loves blackberry. Also Samsung has more employees in the USA than apple they are not really am American company. lastly apple is outdated to begin with so it doesny matter what they get sued on its always old technology.

    • Jeffrey Evans

      Obama invited Cook to the last State of the Union address, and gave them public props for moving (some) manufacturing back to the US. I don’t expect him to hold this ban up, it’ll get vetoed, which is sad.

  • ryan rochford

    still dont get why EVERY patent war image shows an android phone in the app drawer and an iphone at the home screen. FTL

    • Jerel Butler

      I don’t think its in the app drawer, see the dock

      • ryan rochford

        Huh? Yeah the bottom right is a home button meaning they are in the dock, when @ the home screen that “house” would turn into a 4×4 window Payne thing.

        • Jerel Butler

          I see well I had a samsung gingerbread phone I guess its touchwiz was never that up to date, I am unfamiliar with it lol. Thanks for educating me. I think they show it like that for layers and people to go they look the same.

  • Christopher Woodruff

    Perhaps Apple should take the opportunity here to do a cross licensing deal with Samsung and bury this whole fiasco. They won’t but it would be a nice thought wouldn’t it?

  • fly’nfree

    Even it’s late ;-) good luck for Samsung!!!
    Bad for greedy fruity company:-(

  • Allritch Tessono

    Get that IPhony 4 out of here.

  • T-jay Jason Welford

    THIS IS VERY VERY SMALL CASE DID NOT MAKE TV NEWS, COMPARE TO THE SAMSUNG LAST CASE, SAMSUNG WAS MADE TO PAY A STUPED AMOUNT OF MONEY,

  • The_Chicky

    > they’re all forwarded to President Barack Obama where he has
    > 60 days to review and approve/veto them

    The President sits there and wastes his time figuring out which (very old) cell phone violated some highly technical patent years ago?

    Does he also do all GPSs, TVs, Stereos, Cars, DVRs, Laptops, etc?

    • http://twitter.com/Vanakatherock Vanakatherock

      It is actually said that the President or the Federal Circuit can approve/deny any bans. Given what it is, most say the President won’t touch it, especially since he’s trying to eliminate patent trolling.

  • Guest

    iPwned

  • Megatron_Don

    Alec Smith you’re on the wrong site brotha

  • flamencoguy

    It’s about time! Samsung invented lots of 3G and 4G stuff and just announced 5G technology.

    They do spend alot of money to develop real technology that speed up data transmission.

    This is the hard stuff. They should be rewarded with licensing fees not the so called FRANDly rates. And Apple comes up with “scroll bounce” and expects millions for the so called Invention.

  • zifnab

    Ahahaha, can’t help but laugh at this. You reap what you sow…