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The news just keeps getting better for Apple in its struggle against Samsung. This afternoon, the United States International Trade Commission (ITC) ruled in Apple's favor in the patent dispute stretching all the way back to July 2011 after it found Samsung guilty of patent infringement in two separate cases.
As reported by Foss Patents, the patents in question are as follows: "U.S. Patent No. 7,479,949 on a 'touch screen device, method, and graphical user interface for determining commands by applying heuristics' (which Apple wanted to call 'the Jobs patent' in a trial in Judge Posner's court that never took place)" and "U.S. Patent No. 7,912,501 on an 'audio I/O headset plug and plug detection circuitry.'"
The ruling includes an import ban similar to the one against Apple that was overturned through a Presidential veto last week, resulting in a stunning $1 billion loss to Samsung's market value. The ban will take effect at the end of the 60-day Presidential review period. Fortunately for Samsung, the ruling only applies to older devices in its lineup, but the ITC will still yank the offending devices off the shelves if a veto isn't issued or Samsung doesn't come up with a design modification in time.
It may be hard, if not impossible, to secure that veto. Foss reports: "Even though there may be expectations in South Korea that Samsung should benefit from a Presidential veto only because Apple just won one last Saturday, 'me too' doesn’t make sense here because standard-essential patents (SEPs) like the one over which the ITC wanted to grant Samsung an exclusion order come with FRAND (fair, reasonable and non-discriminatory) licensing obligations and can’t be worked around without prohibitive switching costs, while non-SEPs are traditional exclusionary rights and, most importantly, can be worked around."
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