itc

Import bans over patents cause 'substantial harm,' FTC says

Google's efforts to block imports of Microsoft's Xbox and Apple's iPhone could cause "substantial harm" to consumers, competition, and innovation, the Federal Trade Commission said in a letter today.

The letter -- addressed to the U.S. International Trade Commission, a federal agency with the power to enforce bans on products shipping to the U.S. -- suggested companies should be limited in their ability to block competitors' imports based on patents that are built into industry standards.

"Simply put, we are concerned that a patentee can make a RAND [reasonable and nondiscriminatory] commitment … Read more

Samsung drops a patent from ITC complaint as Apple battle looms

Samsung has decided to withdraw a patent claim from its legal tussle with Apple before the U.S. International Trade Commission, according to a report.

The company on Friday filed a motion with the U.S. ITC requesting the removal of U.S. Patent No. 6,897,843, describing a "device and method for storing and reproducing digital audio data in a mobile terminal," from its case with Apple, FOSS Patents' Florian Mueller is reporting. According to Mueller, the withdrawal now leaves four patents at play in the hearing with Apple.

Apple and Samsung have been waging a … Read more

Judge to apply 'Cheech & Chong test' in Apple-Samsung case

The U.S. trade judge presiding over the Apple-Samsung patent-infringement lawsuit plans to consult the legal genius of Cheech and Chong to help him determine whether Samsung copied the iPhone's design.

During the opening of the trial today, U.S. International Trade Commission Judge Thomas Pender said he would apply the "Cheech & Chong test" to the case, referring to the comedy duo's routine about dog feces, according to a Bloomberg account. "Does it look like it, feel like it, smell like it?" he said.

Apple contends that Samsung copied the iPhone when it … Read more

ITC once again sides with Apple, RIM in Kodak patent spat

The U.S. International Trade Commission today once again said Apple and Research In Motion are not infringing on a patent held by Eastman Kodak.

ITC administrative law judge Thomas Pender today posted his initial determination (PDF) in the case, reaffirming a decision the group made last year that the two companies were not infringing on one of Kodak's patents with their mobile devices:

I hereby reaffirm on remand that no violation of Section 337 of the Tariff Act of 1930, as amended, has been found in the importation into the United States, the sale for importation, or the … Read more

HTC One X delay benefits Lumia 900 at AT&T

Nokia may not admit it, but the company is likely jumping for joy that the HTC One X is having trouble getting into the U.S.

Nokia's own Lumia 900, which has enjoyed its flagship smartphone status at AT&T for the past few weeks, could see its preeminent position at the carrier extended as a result of the One X's delay. U.S. customs officials have held up imports of the One X because of a patent dispute between Apple and HTC.

A few extra weeks as AT&T's top dog could do wonders … Read more

Apple wants to squelch five Google patents issued to HTC

Apple has fired another shot at HTC in its patent wars with the Taiwanese mobile phone maker.

A motion filed by Apple with the U.S. International Trade Commission is seeking to throw out five patents HTC received from Google last year.

Part of an ITC document discovered online by Foss Patents' Florian Mueller said that Apple is calling for a partial termination of the investigation with respect to the patents due to lack of standing.

Translating the legalese into English, that means Apple believes HTC has no right to file a lawsuit or an ITC complaint over the patents … Read more

Apple dealt another blow in ITC spat with Motorola

The U.S. International Trade Commission today ruled that Apple's iPhones and tablets violate one of Motorola Mobility's patents relating to Android devices, dealing another blow to Apple in the spat between the two companies.

In an initial determination (PDF) issued by ITC Judge Thomas Pender this morning, the ITC said Apple was violating one of Motorola Mobility's patents covering 3G wireless technology. In its original complaint, Motorola said Apple was infringing on the patent, along with four others, with its mobile devices, including the iPhone and iPad.

The ruling is preliminary and needs to be approved … Read more

First of HTC's Trade Commission cases against Apple dismissed

The International Trade Commission today ruled in Apple's favor, saying the gadget maker does not infringe on a patent held by rival HTC.

The ruling (pdf), which was picked up by blog FOSS Patents this afternoon, comes exactly four months after an initial determination from the ITC's administrative law judge, who ruled in Apple's favor. That decision found Apple to be off the hook from HTC's complaint in early 2010 that accused Apple of being in violation of five HTC patents, a total that was later whittled down to four, then one, for review by the … Read more

Take that, Apple. Dutch court cool with Samsung Tab design

Apple suffered another legal setback after a Dutch court sided with Samsung Electronics, ruling that the Galaxy Tab 10.1 does not infringe upon the iPad's design.

A court in The Hague, Netherlands, dismissed an appeal by Apple, its latest attempt to get Samsung's Galaxy Tab 10.1 banned from the country, according to legal blog Foss Patents. A lower court in The Hague had initially dismissed a similar request by Apple in August.

The ruling comes a week before a similar decision is expected in a German court over a ban that was initially placed on the … Read more