“Today’s remand decision gives Apple another opportunity to win a U.S. import ban against the Google subsidiary’s Android-based devices, which would have the Android ecosystem at large concerned,” Müller reports. “The ’607 patent, a potentially very powerful hardware patent, was deemed invalid by the ITC. But the Federal Circuit finds the ITC’s reasoning deficient as far as claim 10 of the patent — one of the claims asserted by Apple — is concerned. The ITC will have to make a new determination, and based on the appellate decision, claim 10 may ultimately be found valid, in which case Google faces an infringement problem.”
Müller reports, “Without a doubt, Samsung, which is represented by the same law firm against Apple as Motorola Mobility (Quinn Emanuel), has been watching this appeal with great concern, and will be very unhappy about today’s decision.”
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