The patents wars between Apple and Samsung is not new, as the two companies having been fighting over this issue for several years now. In fact, a court has even ruled one of the patent cases in favour of Apple and ordered Samsung to pay the Cupertino-based company a sum of $1.05 billion in terms of damages. Samsung was not satisfied with that outcome and as a result of that the South Korean manufacturer decided to challenge the verdict in a new trial. This case is still in proceeding, but now according to the latest update United States Trade Agency has ruled a patent case in favour of Samsung by saying that Apple has breached a tablet and a smartphone-related patent owned by the South Korean company. Below is an extract from the original verdict of the United States Trade Agency:
“Under the modified constructions, the Commission has determined that Samsung has proven that the accused iPhone 4 (AT&T models); iPhone 3GS (AT&T models); iPhone 3 (AT&T models); iPad 3G (AT&T models); and iPad 2 3G (AT&T models) infringe the asserted claims of the ’348 patent. The Commission has further determined that the properly construed claims have not been proven by Apple to be invalid and that Samsung has proven that a domestic industry exists in the United States with respect to the ‘348 patent. The Commission has determined that Apple failed to prove an affirmative defense based on Samsung’s FRAND declarations.”
As a result of this patent violation, it is likely that limited bans could be imposed on some of the AT&T iPad and iPhone models from Apple. The name of certain Apple products that could face ban are iPhone 3GS, iPhone 4, original 3G-capable iPad and iPad 2 3G. Apple is obviously not pleased with the outcome, as talking to AllThingsD spokewoman of the California-based tech giant Kristin Huguet said that:
“We are disappointed that the Commission has overturned an earlier ruling and we plan to appeal. Today’s decision has no impact on the availability of Apple products in the United States. Samsung is using a strategy which has been rejected by courts and regulators around the world. They’ve admitted that it’s against the interests of consumers in Europe and elsewhere, yet here in the United States Samsung continues to try to block the sale of Apple products by using patents they agreed to license to anyone for a reasonable fee.”
Source: 9to5Google
Photo: Isabelleman
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