Apple wins in ITC hearing

Samsung patents not violated, decides US trade judge

Tags: Apple IncorporatedSamsung Electronics CompanyUSA
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Apple wins in ITC hearing The decision is the second legal defeat for Samsung in a month at the hands of its US rival.
By  Stephen McBride Published  September 16, 2012

Apple Inc has won another legal victory against Samsung, its second in a month. The US International Trade Commission (ITC) decided Apple had committed no infraction on any of the four patents named in the case brought by its South Korean rival. The judge also determined that Samsung had not proven it had established a domestic industry to use the patents, a requirement unique to the ITC.

"Apple at the ITC is bulletproof," said Rodney Sweetland, a lawyer at Duane Morris in Washington, who specialises in trade cases. "Nobody can get any traction against them there. The lesson is, if you want to get relief against Apple, it's going to have to be in a foreign forum where it doesn't have the clout or the cachet it has at the ITC or the northern district of California."

On August 24 Apple was awarded more than $1bn in damages by a Californian court that concluded Samsung had copied the aesthetic design and some features of the iPhone.

"We remain confident that the full commission will ultimately reach a final determination that affirms our position that Apple must be held accountable for free-riding on our technological innovations," Adam Yates, a Samsung spokesman, said. "We are proud of our long history of innovation in the mobile industry and will continue to defend our intellectual property rights."

The judge's findings are subject to review by the full commission, which has the power to block imports of products that infringe US patents.

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