updated 11:04 pm EST, Mon November 19, 2012
Normal process will review previous ITC verdict by single judge
As part of the regular review process of a US International Trade Commission (USITC) judgement, the commission has declared that it will review a judge's decision which found that Apple was not in violation of Samsung-held patents in making its line of multitouch iOS devices. The review will examine Judge James Gildea's preliminary ruling from September. If Apple is ultimately found to use Samsung's patents improperly, it may face an injunction in the United States on infringing devices.
In the announcement detailing the process, the USITC asked for information on how it should consider standards-essential patents, which are required to be licensed under fair, reasonable, and non-discriminatory (FRAND) terms. The two FRAND patents are 3G communication-related patents.
Of the four patents Samsung claimed were infringed, Judge James Gildea found two of the asserted patents as not infringed, and two were ruled standards-essential and as such, FRAND-eligible. Apple argued in court that Samsung had never brought up possible violations until after it was warned about its own infringements and copying of Apple products, making the claims defensive bargaining tools.
Apple has a complaint filed against Samsung with the USITC, accusing the Korean manufacturer of patent infringement. In Apple's case, an ITC judge ruled that Samsung was guilty of infringement on October 24, with a final decision due in the case in February.