BANNED: Some U.S. Apple iPhone and iPad models

Apple iToys banned in U.S.

Banned iPhone and iPad

The International Trade Commission (ITC) bans imports of certain models of Apple (NASDAQ:AAPL) iPhone and iPad. It's the latest in Samsung's spat over Apple's alleged failure to license the Korean company's standards-essential patents, which should be offered on terms that are fair, reasonable, and non-discriminatory (FRAND).

In IT Blogwatch, bloggers are shocked. SHOCKED!

Your humble blogwatcher curated these bloggy bits for your entertainment.

Nancy Weil reports:

Apple infringed a Samsung Electronics patent, the U.S. [ITC] said in a final judgment. ... The ITC began an investigation on Aug. 1, 2011, after Samsung filed a complaint...in what has been a multiple-pronged legal battle...around the world.

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The ITC also went a step further, issuing a cease-and-desist order so that Apple is forbidden from selling any inventory of those iPhones and iPads that it has already imported into the U.S.

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The ruling confirms "Apple's history of free-riding on Samsung's technological innovations," Samsung said.  MORE

John Paczkowski pokes fun at all things:

An unexpected victory for Samsung in its patent battle with Apple. ... [It] affects only AT&T iPhones prior to the iPhone 4S and the iPad 2 and earlier, so it’s not a devastating blow. ... Still, a ban is a ban.

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“We are disappointed that the Commission has overturned an earlier ruling and we plan to appeal,” [said] Apple.  MORE

Carly Page notes the silver lining for Cupertino:

However, Apple does have a chance to keep the products on shelves. ... Barack Obama...will have 60 days to review [it]. If the White House isn't happy with the ITC's decision it will have no effect.  MORE

OK, deep breath... Ready? Here's the Fair And Balanced Florian Müller:

...older iPhones and iPads...were found to infringe a cellular standard-esential patent (SEP)...U.S. Patent No. 7,706,348. ... Formally the decision also relates only to the AT&T versions of those older products, but Samsung reserved the right to allege infringement by Apple products running on other networks.

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I can't believe that the ITC has completely thrown out Apple's FRAND defense. ...it is quite possible that the White House will veto the ITC's decision. ... [And] a cease-and-desist order...remedy was denied to Apple when it won an import ban against HTC over a non-SEP. ...if Congress doesn't move quickly, other SEP abusers might be able to leverage today's decision.  MORE

Confused? John Sykes offers his best shot:

Apple just used the patented chips for their devices without asking Samsung first [and] saying “It’s no problem because it’s FRAND patents.” That is why Apple is criticized for abusing FRAND.  

Apple didn’t do what they are supposed to do in the first place. [Instead] Apple kept saying...“Because it’s FRAND patent, it doesn’t matter to use the component with patented technology prior to the deal. Even though we couldn’t make a deal with Samsung, we will sell the devices regardless.” Absurd.  MORE

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