The International Trade Commission returned with a ruling on Friday that could once again shift the dynamics of the domestic mobile market.
The ITC sided with Apple this time, finding that Samsung infringed upon at least two of the iPhone maker's patents.
In other words, certain Samsung mobile devices could be banned from being sold in the United States soon.
The two patents in question are:
- U.S. Patent No. 7,479,949 (a.k.a. the ’949 patent; affects claims 1, 4-6, 10, and 17-20): Concerns touch commands on touch-screen devices
- U.S. Patent No. 7,912,501 (a.k.a. the ’501 patent; affects claims 1-4 and 8): Concerns input and output detection for microphone and headphone jacks
Here's a snippet from the ruling about the ITC's recommendation going forward:
The Commission has determined that the appropriate remedy is a limited exclusion order prohibiting Samsung from importing certain electronic digital media devices that infringe one or more of claims 1, 4-6, 10, and 17-20 of the ’949 patent and claims 1-4 and 8 of the ’501 patent. The Commission has also determined to issue cease and desist orders prohibiting SEA and STA from further importing, selling, and distributing articles that infringe one or more of claims 1, 4-6, 10, and 17-20 of the ’949 patent and claims 1-4 and 8 of the ’501 patent in the United States. The orders do not apply to the adjudicated design around products found not to infringe the asserted claims of the ’949 and the ’501 patents as identified in the final ID. The Commission has carefully considered the submissions of the parties and the public and has determined that the public interest factors enumerated in section 337(d)(1) and (f)(1) do not preclude issuance of the limited exclusion order and cease and desist orders.
It should be noted that the ITC found no infringement on the following four patents: Patent Nos. D618,678 (“the D’678 patent”); D558,757 (“the D’757 patent”); RE 41,922 (“the ’922 patent”); and 7,789,697 (“the ’697 patent”)..
Wrapping up an investigation stemming back from August 2011, the Commission declared that the decision is final and the investigation into the case is over.
The only way that Samsung could stave off a ban is if the decision is vetoed by President Obama.
Yet just last week, the White House shot down an ITC court ruling that would have prevented Apple from selling older versions of its iPhone and iPad in the United States.
The Presidential Review Period is the next 60 days, at which point the import ban will begin if the ITC's decision has not been overturned.
To see the entire ruling, scroll through the document below: