“In the previous post I discussed a revelation contained in Apple’s response to the United States International Trade Commission’s questions relating to remedies and the public interest in the investigation of Samsung’s complaint,” Florian Mueller reports for FOSS Patents. “A ruling is due on May 31 (unless postponed again), and it’s pretty clear that the ITC is inclined to hold Apple to have infringed one or more claims of U.S. Patent No. 7,706,348, an allegedly UMTS-essential patent. One of the questions raised by the Commission in March relates to the scope of an import ban, should one be ordered.”
Mueller reports, “In the proceedings before the ALJ, Samsung accused only older Apple products of infringement of the ‘348 patent: the AT&T models of the iPhone 4 (but not the 4S or 5), 3GS and 3, and of the iPad 3G and iPad 2 3G.”
“Should there be an import ban of older iPhones and iPads, Apple will only be affected at the low end and in the repair business. The problem could be solved for the most part by a delay before an import ban takes effect. In the meantime, there will be another generation of devices, and the oldest devices currently still on sale will then be replaced as entry-level devices by the second-oldest ones,” Mueller writes. “I still don’t believe the ITC will actually ban any Apple products, given that courts and regulators have concluded that Samsung failed to comply with its FRAND licensing obligations, but if it happens nevertheless, its impact will be very limited.”
Read more in the full article here.
MacDailyNews Take: It’s about time the “speed” of the “justice” system worked in Apple’s favor.