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Samsung Loses Patent Case Against Apple
The patents at issue involve turning a page in a document and making a phone call from a number in an e-mail or web page

Samsung Friday lost a patent infringement case it brought against Apple at the International Trade Commission, the US agency with the power to issue product bans.

The judge said the iPad, the iPhone and the iPod touch don’t infringe four patents Samsung claims they do including two standards-essential patents (SEPs).

The judge didn’t say why he came to the decision and we won’t know until a redacted copy of his ruling blacking out any confidential information is published.

After that the six commissioners who sit at the top of the ITC will review the decision. They should decide whether to uphold it or not in January.

Meanwhile, a decision on the case that Apple brought against Samsung for allegedly stealing its technology will be out on October 19.

Apple had nothing to say about its latest victory – after winning a billion- dollar jury verdict against Samsung in California – but Samsung put out a statement saying, “We remain confident that the full commission will ultimately reach a final determination that affirms our position that Apple must be held accountable for free-riding on our technological innovations. We are proud of our long history of innovation in the mobile industry and will continue to defend our intellectual-property rights.”

FOSS Patents says Samsung will find it difficult to prevail. Not only did the judge find Apple innocent of any infringement. He also held that no domestic industry exists for the four patents and without that any import ban is impossible.

The patents at issue involve turning a page in a document and making a phone call from a number in an e-mail or web page. The other two involve 3G wireless technology that’s supposed to be UMTS-essential.

Meanwhile, back in Germany Apple has made it harder for Samsung to claim its standards-essential patents are infringed by the iPhone and iPad. It asked a Mannheim court to stay a suit until the European Commission finishes its antitrust investigation into Samsung’s treatment of FOSS patents.

The move appears to put the court in box as to whose jurisdiction trumps. A decision is pending and according to the FOSS Patent blog could see the court, seeking to avoid conflicting findings, ask the EC to clarify its position or indicate how long it will take the EC to decide.

It’s a setback for Samsung since Germany is friendly to SEP abusers.

About Maureen O'Gara
Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

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