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U.S. ITC judge recommends import and sales ban on Samsung products
Posted By Enrique On January 1, 2013 @ 12:24 AM In Android | 6 Comments
A U.S. International Trade Commission judge Thomas Pender is recommending sanctions against Samsung in light of his preliminary finding that the company infringed four of Apple’s patents.
The recommended sanctions include an import and sales ban on products found to infringe Apple patents and the posting of a bond for 88 percent of the value of some of the devices involved. The infringing devices in Pender’s preliminary ruling include the Samsung Transform, Acclaim, Indulge and Intercept smartphone models.
Judge Thomas Pender’s remedy in the Apple complaint against Samsung was made public when it entered the ITC’s filing system last Friday. The U.S. import ban that is mentioned would begin after a 60-day presidential review period and a final ITC decision that would follow. Pender also recommended a cease-and-desist order banning the sale of “any commercially significant” quantities of the infringing products.
In addition to that, Pender’s remedy would also require Samsung to post a bond for 88 percent of the value of all infringing mobile phones, 32.5 percent of infringing media players and 37.6 percent of infringing tablet devices.
Despite all that, there is still the possibility that Samsung would be allowed to sell some of the products involved in the complaint — if they comply several workarounds involving redesigned versions of those products. According to patent expert Florian Mueller, those designs must be “legally safe but also technically adequate and commercially viable.”
Finally, take note that Pender’s recommendations have yet to and must be approved by the six members of the ITC Commission.
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