Samsung Electronics Co., Ltd. (LON:BC94) requested the International trade commission (ITC) in Washington to undo a verdict saying, Apple Inc. (NASDAQ:AAPL) device does not infringe four Samsung patents. The agency, which has jurisdiction, to block imports of products found to infringe patents, is expected to announce whether or not it will review that Sept. 14 decision of a federal jury of penalizing the Korean company more than $ 1 billion for copying the iPhone and iPad.
“For Samsung Electronics Co., Ltd. (LON:BC94), it’s most important to not lose,” said Alex Spektor, an analyst with Strategy Analytics in Boston, Massachusetts. “I don’t think they need to cripple their competitors as much as they need to make sure every product they sell into the U.S. continues selling, because those products have proven very popular”.
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Samsung Electronics Co., Ltd. (LON:BC94) is the largest smartphone maker in the world, while Apple Inc. (NASDAQ:AAPL) holds a majority share in the U.S. market. In the third quarter, Samsung commanded 28 percent of the market share in U.S., against Apple’s 34 percent. Samsung has 14000 patents worldwide on things like light-emitting diodes, computer memory chips, and televisions. It came into the mobile business in the 1980s and is trying to get the upper hand in its global fight with Apple Inc. (NASDAQ:AAPL).
“Getting a judgment at the ITC means a lot,” said Victor Siber, a former chief intellectual property counsel for International Business Machines Corp. (NYSE:IBM), currently working with Baker Hostetler in New York. “We’re not talking about small numbers. It impacts the whole economy, so they should get it as right as they can”.
The Korean firm’s case against Apple Inc. (NASDAQ:AAPL), relates to Matter of Electronic Devices, Including Wireless Communication Devices, 337-794, while Apple’s case is In the Matter of Electronic Digital Media Devices, 337-796, both U.S. International Trade Commission (Washington). Samsung’s case accuses all models of Apple, including iPhone 4S, the iPhone 4, the iPhone 3GS, the iPad 2, the iPad, and the iPod Touch.
Earlier this month Apple made settlement with Android handset maker HTC Corp (TPE:2498), striking a 10 year licensing agreement. However, the head of Samsung’s mobile unit, Shin Jong Kyun, said that any settlement with Apple is not the way for Samsung. Samsung claims that Apple infringes four patents of Samsung. On the contrary, ITC judge James Gildea said that Apple didn’t fringe any of the Patents. Apart from winning the initial round in Samsung’s complaint, the Cupertino based company, has been successful so far in its own ITC case against Samsung.
The legal success of Apple Inc. (NASDAQ:AAPL) against Samsung Electronics Co., Ltd. (LON:BC94) in the U.S.A. has not been reflected in other countries. In the U.K., the iPhone maker was ordered to post a public apology on its website for accusing Samsung of copying a tablet computer design. Apart from the U.K., Samsung has also won non-infringement rulings in the Hague and Tokyo courts.