Fred D. Zemel
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201-896-7065 fzemel@sh-law.comFirm Insights
Older iPhones Become Latest Casualty in Samsung v. Apple Patent Battle
Author: Fred D. Zemel
Date: June 10, 2013
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For those hoping to pick up older Apple devices for less money, they may not be available for long. The International Trade Commission (ITC) recently ruled that Apple Inc. infringed a patent for encoding mobile communications owned by Samsung Electronics.
The ITC also imposed a ban on the import or sale of the iPhone 4, iPhone 3GS, iPad 3G and iPad 2 3G distributed by AT&T. The ban does not impact newer models that use different technology.
Of course, the ITC ruling is just the latest development in a patent war that spans the globe. Apple and Samsung have patent litigation currently pending on four continents, and each company has come out on top in recent battles. Apple claimed victory last year when a California jury found Samsung infringed its patent. The decision is currently under appeal.
The ITC decision is a victory for Samsung, given that many of the banned products like the iPhone 4 are still top sellers for Apple. However, the celebration may not last long, as the ruling is also likely headed to appeal.
U.S. President Barack Obama has 60 days to veto the ruling. If he does not object, Apple has already announced that it plans to challenge the ITC sales ban in the Federal Circuit Court of Appeals.
For a discussion of the impact of the so-called software patent wars, please stay tuned to this blog.
If you have any questions about this case or would like to discuss the legal issues involved, please contact me, Fred Zemel, or the Scarinci Hollenbeck attorney with whom you work.
- Practices: Patents, Intellectual Property
- Locations: Red Bank, NJ, New York City, Little Falls, NJ
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