Apple Infringed Samsung Patents According to U.S. ITC: Standard Essential Patents

The United States’ International Trade Commission has overturned ITC Judge James Gildea’s September ruling that Apple did not violate Samsung’s patents alleged to be utilized in AT&T models of the iPhone 4, iPhone 3GS, iPad 3G and iPad 2 3G.

President Obama has 60 days to review the order that has placed a partial ban on the imports of older versions of Apple IPhone and IPad products.  

The ban relates to the use of Apple of “standard essential patents,” specifically the 3G wireless technology to transmit multiple services simultaneously that is owned by Korea’s Samsung.  Three related claims by Samsung were dismissed by the ITC.

The majority of scholars and most U.S. government agencies believe that the damage for violation of these type “patents” should be low-cost licenses – not a ban on imports. 

What do you think? 

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Sean Hayes may be contacted at:

 Sean Hayes is co-chair of the Korea Practice Team at IPG Legal. He is the only non-Korean to have worked as an attorney for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty.

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