Apple Inc. (NASDAQ:AAPL) has appealed the unfavorable decision of the United States International Trade Commission (ITC) to levy an import ban against only a few of the Samsung Electronics Co., Ltd. (LON:BC94) (KRX:005930) gadgets. Apple Inc. (NASDAQ:AAPL)’s official appeal and its petition for review were published by ITC on its website, even though the United States is going through a shutdown.
The complaint was submitted with the trade body last week and was first noticed by FOSS Patent’s Florian Mueller this week on Tuesday.
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Apple wants more Samsung products under review
The appeal from the iPhone maker not only asks ITC to reconsider decisions where it allowed Samsung to design workarounds to bypass the ban, but it also asks the commission, indirectly, to review more of Samsung’s products presently on sale in the U.S.
Müller reports, “This could theoretically result in an import ban over up to three more patents, a reversal of the ITC’s decision to clear certain workarounds, and even with respect to the patents on which Apple Inc. (NASDAQ:AAPL) prevailed, a modified claim construction could result in a technically broader ban.”
In August, when Apple Inc. (NASDAQ:AAPL) won the embargo, ITC noted that two patents are being infringed. Likewise if Apple Inc. (NASDAQ:AAPL) wins this petition, there is a possibility three more patents may get involved along with reconsideration of claims on the earlier patents.
Samsung may appeal after shutdown ends
According to Mueller, Apple Inc. (NASDAQ:AAPL) will target those patents that are related to current or forthcoming products on designs that Samsung can easily change. The present ban has been exercised since October 8 and mostly covers discontinued models of the Korean firm.
Samsung Electronics Co., Ltd. (LON:BC94) (KRX:005930) will surely appeal against Apple Inc. (NASDAQ:AAPL)’s petition after the U.S. shutdown ends as the company is required to wait until presidential review, because a veto can remove the appeal. Back in August, President Barack Obama vetoed Apple’s ITC ban against Samsung, but this benefit was not available in the most recent embargo.
Samsung loses, in another case
In separate news, Samsung Electronics failed to stop a ruling as it could not produce information about the extent of violation of a court order protecting Apple Inc. (NASDAQ:AAPL)’s patent licensing agreement, according to a report from Bloomberg.
U.S. District Judge Lucy H. Koh in San Jose, California, continued U.S. Magistrate Paul S. Grewal’s sanction and ordered Samsung to produce Apple Inc. (NASDAQ:AAPL) e-mails, and communications among Samsung employees, among other things. Samsung said that Grewal’s order was more than what was required and violates attorney-client protections.