Why U.S. ITC’s ruling for Samsung over Apple is meaningless

“The International Trade Commission said Tuesday that AT&T versions of Apple’s iPhone 3GS and 4, and 3G-equipped models of iPad and iPad 2, infringe on a Samsung patent covering cellular technology,” Noah Kravitz writes for readWrite. “The ITC issued a limited order barring those devices from being sold in the U.S. Apple has already said it plans to appeal the decision, which it can do via Federal Circuit courts or a direct bid to White House.”

“Apple spokeswoman Kristin Huguet hit the nail on the head in a statement to AllThingsD, saying, ‘Today’s decision has no impact on the availability of Apple products in the United States,'” Kravitz writes. “Tuesday the Obama administration issued a list of recommended Executive and Legislative Actions to reform the high-tech patent system, and The Verge quotes sources claiming that the timing of the ITC’s Apple import ban was “motivated in part by the Obama Administration’s new patent announcements.””

Read more in the full article here.]

MacDailyNews Take: As we explained yesterday:

If Obama fails to correct the ITC’s mistake, Apple can simply appeal this ruling, get a stay on the ITC’s idiotic injunction, let the system’s abject slothfulness work in their favor for a change, release the next-gen iPhone and iPad as scheduled and, as usual, drop the affected products (iPhone 4 and iPad 2) off the market. Done. The ITC ruling is, in effect, meaningless.

Related articles:
Obama faces high stakes dilemma in Apple-Samsung battle – June 5, 2013
U.S. ITC rules for Samsung, bans Apple iPhone 4 imports into U.S. – June 4, 2013


      1. I agree the ITC ruling will probably have no effect on Apple’s earning or sales especially if Apple is able, as rumored, to come out with 2 or even better 3 new versions of the iPhone between now and September. The eBook trial as well as this ITC fiasco is just another government attempt tp extort money from corporations with cash. The Publishers fell for it and had to cough up $164mln. that they could have better used growing and operating their businesses.

        Actually this whole incident might work to Apple’s favor and increase their earnings in Q1 and Q2 of next year. The reason is that in August the ITC will be reviewing the $1.05 bln verdict that Apple won over Samsung in a Jury trial in California last August. The ITC has now established that shipping injunctions are part of their punitive weapons and because the the jury found that Samsung “willfully infringed” on several Apple patterns that it they just may include injunctions against products, such as, the GS3 and GS4, that Samsung currently ships, as well as the basket full of various Samsung products that were specifically mentioned in the August trial.

        Just think if Apple has a new line up of their existing products and maybe some new innovative products( i.e. iWatch) by October and Samsung is blocked out of the US market by an ITC injunction then Apple will have a wide open field to explode sales in the all important Q1 (Oct-Dec) and this should carry over to Q2 also.

    1. Dude, pointing out hypocrisy and double standards on this site is like Gallileo speaking out in church. Just play along like everything revolves around Cupertino. It’s more fun to watch the mindless blind here get themselves all worked up.

      1. Madmac,
        Just glad we can provide some amusement for you.

        Just not sure what is worse, Ranting mindlessly against Apple or living in your mom’s basement. LOL

        Like what you use, use what you like, but ranting negatives just shows how little some think about what they say.

        Just a thought.

      2. Not all here fall under the bristles of your large brush. Unfortunately too many do. But there are actually objective points of view once in a while. You just have to wade through all the bullshit to get to them.

    2. 1] they are essentially Frand related patents which are being improperly exploited as Courts throughout the World are now sorting and 2] Apple so far is not being given the protection it deserves from non Frand patents so looking at it objectively it seems to be biased against Apple rather than the opposite.

    3. sfgh,
      a) study the meaning of FRAND.
      b) review the general direction of FRAND decisions in Europe. (Samsung =bad)
      c) Look at many us court rulings lately vs FRAND. (FRAND not to be allowed to prevent sales, but to collect reasonable fees)
      d) Tell samsung they are paying you too much money to bad mouth Apple for no apparent reasons.

      Just a thought, but if you just rant that “Apple = bad” then most people here will just think that you are either a paid troll or live in the basement of your mothers house . 🙂

      1. eldernorm,
        sfgh doesns’t have the capacity not the inclination to understand FRAND and SEPs as opposed to standard patents that grant exclusive rights. This isn’t the first time, or the second time that he has commented in ignorance on FRAND and SEPs.

    4. “The ITC ruling is, in effect, meaningless.”

      The damage is done and irreversible. That damage is in the minds of consumer, not the sharpest knives in the drawer.

      That Apple has won a suit, yet to be finalized, over real violations has long been forgotten. This decision, which pays no attention to Samsung’s abuse of FRAND, is what will be discussed.

  1. “The ITC issued a limited order barring those devices from being sold in the U.S.” Free isn’t sold. Don’t the carriers give the iPhone 4 away for FREE with a 2 year contract. Those iPhones are not sold if they are free. The carriers pay Apple for them, so they need to get their orders in and checks in the mail soon.

    1. Apple still sells them to the carriers such as AT&T, Verizon, and Sprint. The Carriers give them away by subsidizing them to their customers after buying them from Apple. So, no banana for you.

  2. Jersey…

    “Free isn’t sold”?

    You yourself say “the carriers pay Apple for them”

    So here’s a question for you: what is the common word used to describe a transaction in which one individual or entity willfully exchanges currency for a good or service provided by another individual or entity?

  3. Time for Apple to buy their own island in the Caribbean and set the mothership on it. They can have there own court, tax and patent systems and fine samdung into oblivion. If that doesn’t work we can have the Apple Navy sink samdungs fleet of galaxy ships.

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