U.S. ITC judge wants Samsung to post a bond of 88% of its U.S. smartphone sales due to Apple patent case

“An October 24, 2012 preliminary ruling that held Samsung to infringe four Apple patents could have more drastic consequences for Samsung’s U.S. business than previously known,” FLorian Mueller reports for FOSS Patents. “If the U.S. trade agency affirms the judge’s findings of violations (which the ITC staff supports across the board) and adopts his recommended remedies, Samsung faces the following draconian combination of sanctions.”

• a U.S. import ban that would enter into effect after the 60-day Presidential review period following a final ITC decision,

• a simultaneous cease-and-desist order that would prohibit the sale of any commercially significant quantities of the imported infringing accused products in the United States (this remedy was denied against HTC), and

• the requirement to post a bond of 88% of the value of all mobile phones, 32.5% of the value of all media players, and 37.6% of the value of all tablet computers found to infringe Apple’s patents-in-suit during the Presidential review period.

Much more in the full article here.

23 Comments

      1. Cubert – Nothing to worry about = are you crazy.
        Negative PR is huge. Samsung customers going with Apple after this is huge. Plus Apple gets to take some of Samsung capital off the market and earns interest on it to boot.
        Cubert – put the stylus down and step away from the Galaxy Note.

  1. Wow wouldn’t it be great to suck the financial life out of the lying thief copiers in South Korea! Slap them down so hard their kids will be born dizzy. Too good to ever be true or carr through though. Some ditzy PC Judge will take too much pity on “poor ‘ol Shamdung.”

  2. I am not clear on the ‘Presidential review period’ concept. Does that mean that the President of the US gets involved? If so, the case becomes political and the Prez is likely going to decide not on what is fair but what ruffles the fewest feathers when taking into account the world situation. In other words, Samsung gets off with a muted down warning and a request to try some small changes.

    1. Not so sure about that. Obama would have the opportunity to slow down a foreign competitor who’s been stealing from America’s biggest recent success story. If a ban is imposed and it comes to a presidential review, I bet he’ll let it stand.

  3. Read the whole article and you will see SamDung is worried more about their other electronics that could be temporarily effected than their phones …. BUT ….. SamDung has outs and the slow process and the most recent Patent – Ponch to Zoom Screen – has been challenged by the Patent Office as not valid – HUGE setback for Apple, HUGE ….

      1. Are you calling me a TROLL ….. Well listen “Buddy” …. I am probably the biggest Apple fan here as well as a stock holder …..

        Troll NO ….

        Just check any of my past 1,000 posts – Silly Rabbit!

        1. Then if your so smart about Apple why the hell did you get it wrong Ansel, and I have been here for over two years and never came across tour name or posts.

          Looks like your at the wrong site TROLL!

          Big difference, it’s only TEMPORARY!

  4. As an aapl investor I hope apple wins and Samsung gets hit BUT looking at all the past cases of Apple vs Samsung I’m afraid samsung will weasel out again.

    Look at the original article:
    “. Judge Pender cleared various Samsung designarounds, and if those designarounds are not only legally safe but also technically adequate and commercially viable, Samsung can keep importing and selling.”

    Remember in Europe where the original Galaxy Tab was banned, Apple fans were cheering. Then Samsung slaps on an ALUMINIUM BEZEL around it and the judge was fine. No ban. (the judge figured years of apple design work can be copied with an aluminium bezel… ). the current case here deals with software patents which is a different but the principle is similar.

    Also the numerous cases where the court where when the judgment came into effect … SAMSUNG WAS NO LONGER SELLING THE MODELS BANNED. (note here the 60 day review period ETC ETC PLUS as the article points out: “Reexaminations are another opportunity for Samsung. While they take time a lot more time than ITC investigations)… ” )

    in some other cases apple won bans on models not sold for one or two years already. (apple has to go through the whole freaking process again to prove the NEW models are in violation… taking months again)

    Samsung knows all this, it copies dumps, makes money and then shifts production knowing that the courts are locked in the STONE AGE (speed) while tech is in the Star Trek age.

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