Posts made in December, 2013

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Obama Administration Overturns iPhone & iPad Ban in the U.S.

Posted by on Dec 16, 2013 in Litigation, Patent

In June of 2103, the United States International Trade Commission (ITC) had ruled Apple had infringed on a patent held by Samsung.  As a result of that decision, sales and imports of the iPhone 3, 3GS, 4, iPad 3G, and iPad 2 3G were put to a halt.  However, President Obama’s trade representative vetoed the decision.  This is a rare development and highlights the substantial impact patent litigation can have on a business. The ITC determined Apple infringed upon Patent No. 7,706,348 owned by Samsung.  This patent claims an apparatus and method for encoding and decoding a transport format combination indicator in a CDMA mobile communication system.  In more plain English, this patent describes what makes 3G phones work.  Since Samsung was granted the patent for this invention it has the exclusive right to use this technology; anyone else must receive a license from Samsung in order to use it.  Samsung wanted Apple to pay for a license but Apple has not done so and claims it does not infringe the patent. Apple and Samsung have been battling over intellectual property issues in courtrooms throughout the world. Samsung submitted a complaint to the ITC on August 1, 2011.  On September 14, 2012, an administrative law judge issued a final...

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