Samsung has finally won a bout against Apple as the International Trade Commission (ITC) of the United States has issued an order banning the import of older versions of the iPhone and the iPad compatible with the AT&T wireless network.
The banned Apple products include AT&T compatible iPhone 4, iPhone 3GS, and iPhone 3G. The iPad 3G and the iPad 2 3G are also included in the list. The ITC declared that these Apple products infringe patent number 7,706,348 that belongs to Samsung.
The latest ITC decision reversed an initial determination of an administrative law judge in September that favored Apple. Samsung had filed for a review of that initial determination in October 2012.
"Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 in this investigation and has issued a limited exclusion order prohibiting respondent Apple Inc. of Cupertino, California ("Apple"), from importing wireless communication devices, portable music and data processing devices, and tablet computers that infringe claims 75-76 and 82-84 of U.S. Patent No. 7,706,348 ("the '348 patent"). The Commission has also issued a cease and desist order against Apple prohibiting the sale and distribution within the United States of articles that infringe claims 75-76 and 82-84 of the '348 patent," the ITC decision stated.
Apple reacted by saying that it will appeal the ban to the Court of Appeals for the Federal Circuit.
"We are disappointed that the Commission has overturned an earlier ruling and we plan to appeal. Today's decision has no impact on the availability of Apple products in the United States. Samsung is using a strategy which has been rejected by courts and regulators around the world," Kristin Huguet, Apple spokesperson, said during an interview with AllThingsD.
Samsung expressed its appreciation of the decision saying in the same interview that the final determination of the ITC confirmed how Apple took advantage of Samsung's technological innovations.
The original complaint of Samsung was filed back in August 2011 that included five patents pertaining to wireless communication devices, tablet computers, portable music and data processing devices that infringe the company's existing patents. Per the determination, Apple is not guilty of infringement of three patents, while an investigation over the fourth patent was terminated when Samsung withdrew the case.
Besides appealing to the court, Apple can also hope that U.S. President Barack Obama will veto the order after a White House review. However, for now, Apple is smarting.
