Samsung gets US ITC to ban Apple’s older devices for infringing patent

The US International Trade Commission (ITC) yesterday ruled that several of Apple's older iPhone's and the iPad's infringe a patent held by Samsung Electronics, delivering a blow to Apple in the ugly patent war between the two technology giants.

Since Apple's devices are made in Asia, the ITC has banned the import and sale of the iPhone 4, iPhone 3GS, iPad 3G and iPad 2 3G in the US market.

Devices like the three year-old iPhone 4 are still popular in the US and are sold by carriers like AT&T and T-Mobile and others.

Apple's latest offerings, the iPhone 5 and the fourth-generation iPad, are not affected by the ruling.

The ITC ruled that Apple has infringed on Samsung's patent related to 3G wireless technology and the ability to transmit multiple services simultaneously and correctly. 

Apple had argued that Samsung was required to license the patent on FRAND terms since it was part of an industry standard, but instead, the South Korean company demanded unreasonable high royalty fees.

Yesterday's ruling overturned a decision by an ITC judge, who had in September 2012 ruled that none of Apple's devices violated Samsung's patents at issue in the case.

Samsung said in a statement that the ITC decision "confirmed Apple's history of free-riding on Samsung's technological innovations."

"Our decades of research and development in mobile technologies will continue and we will continue to offer innovative products to consumers in the US," it said.

California-based Apple said it was disappointed with the ruling and would appeal.

"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 US," Apple spokeswoman, Kristin Huguet, said in a statement.

Commentators say the ruling will only marginally affect Apple since only a small number of iPhone 4 are still being sold, but it is a big moral victory for Samsung, which has been very vociferously accused by Apple of being a copy-cat.

Apple and Samsung, who together hold around half of the $390 billion global smartphone market share, are fighting patent battles in court in some 10 countries.