InternationalTradeComission
Latest
Apple asks ITC to stop impending ban on iPhones and iPads
The International Trade Commission (ITC) a few weeks ago issued an order banning the import of older generation iPhones and iPads to the extent they infringe upon Samsung owned patents. With the ban scheduled to go into effect on August 5th, Gigaom today is reporting that Apple filed a motion with the ITC asking for a stay on the impending ban until an appeals court weighs in on the ruling. Apple writes that the ban will "sweep away an entire segment of Apple's product offerings" and that they will suffer irreparable harm if a stay is not granted. If the Orders go into effect, Apple will lose not only sales of its iPhone 4 (GSM) and iPad 2 3G (GSM) products but also the opportunity to gain new smartphone and tablet customers who otherwise would have purchased these entry-level devices. Should the Commission's decision be reversed or modified on appeal, Apple will have no recourse to redress this harm. Apple further points out that if a stay is granted and the appeal process ultimately proves fruitless, Samsung will have recourse to the extent they can seek compensation for any potential loss of FRAND royalties. The iPhone 4, Apple writes, was the fourth-best selling smartphone in the US in 2012. In a separate appeal filed with the United States Trade Representative about two weeks ago, Apple argued that upholding the ban would make the ITC an "outlier internationally and domestically." Apple's most recent motion can be read below. Apple ITC Request for Stay
Kodak granted reprieve in its ITC battle with Apple and RIM
Kodak scored a small victory this week in its International Trade Commission (ITC) case against Apple and RIM for their devices' infringement of Kodak's patent on picture previews. Back in January, an ITC administrative law judge (ALJ) made an initial determination that the patent was invalid and that iPhones and Blackberrys don't infringe Kodak's IP. After reviewing the decision per the parties' request, the Commission changed a few of the ALJ's patent claim interpretations and remanded the case for fresh analysis regarding both infringement and validity. Kodak, naturally, is painting the remand as a victory, even going so far as issuing a celebratory press release. Such swagger seems a bit premature, however, as the judge could once again find in favor of the crowds from Cupertino and Waterloo. The next Kodak moment isn't until August 30th, when the ALJ is due to render his ruling. Stay tuned. Brian Heater contributed to this post.
Kodak and Apple win early victories at International Trade Commission, big bucks hang in the balance
Looks like the US International Trade Commission's had a busy week in tech, as Bloomberg reports the organization has ruled on two longstanding patent wars involving Apple, Nokia, RIM and Kodak. While neither is out of the woods quite yet, two companies have reason to be pleased: Apple and Kodak. ITC Judge E. James Gildea ruled that five Nokia patents don't apply to Apple products, making a ban on iDevice importation unlikely in the United States, and the commission has also agreed to reconsider Kodak's case against Apple and RIM (regarding camera image previews) with its full six members present. Since nobody likes having their products seized at customs, even such preliminary verdicts can lead to large cash sums being paid out, and Kodak thinks it's found a whopper here -- Bloomberg reports that Kodak received a total of $964 million in licensing fees from Samsung and LG, and the company thinks it can suck $1 billion out of its latest pair of defendants. We'll let you know how it goes down.
