“Apple Inc.’s patent complaint that seeks to block imports of Samsung Electronics Co.’s Galaxy S mobile phone and Galaxy Tab computer will be reviewed by the U.S. International Trade Commission,” Susan Decker reports for Bloomberg.
“The ITC, a quasi-judicial agency in Washington that arbitrates trade disputes, said in a notice today it instituted the investigation,” Decker reports. “The commission, which typically takes 15 to 18 months to complete the review, has the power to block imports of products that infringe U.S. patents.”
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Decker reports, “Apple, which has accused competitors of ‘widespread imitation,’ has taken particular aim at Samsung, which had been a supplier of chips for some Apple devices. Apple contends that the Galaxy phone and tablet ‘slavishly’ copy the iPhone and iPad.”
Read more in the full article here.
If you slavishly copy someone else’s design and then sell your copy cat product at a lower price or for a lower profit than the original, when you lose the law suite how should damages be assessed? If Samsung ends up owing apple for the lost profits on equal numbers of iPad sales, then Apple could end up owning Samsung after a year and a half of slow court proceedings.
This is an ITC action. The only thing that body can do is ban imports.
For financial damages, AAPL would have to pursue Samsung and others thru the courts, or thru licensing and settlement agreements — and for that you usually you need to initiate a court action.
15 – 18 months…does it really take that long for someone to figure out 1 + 1 = 2?
These are lawyers we are talking about.
And by the time they make a decision, the offending products will no longer be made.
But they will still be offensive.
Couple things ….
#1 Typically takes 15-18 months – meaning their decision could be sooner
#2 If banned Apple would use as a tool for damages – so their decision could be huge, even if after 18 months
#3 Pressure on Samsung and Apple is determined to protect their property and has a ton of bucks – if I am running Samsung I gotta be thinking about another way to build this tablet thingie and not one that copies Apple as now I am not sure how things will go in the future – While I am not “running scared” – yet – I am looking over my shoulder wondering where the next attack will come from and how can I settle this with Apple and get on with my business …..