The details of a motion, filed yesterday by Apple with the International Trade Commission, have been revealed today, reports Florian Mueller of FOSS Patents. The complaint names 8 Samsung devices including 6 phones and 2 tablets and asserts that Samsung is violating 5 utility patents and 2 design patents granted to Apple.
Now that the complaint has entered the public record, Mueller has discovered that the complaint filed by Apple names the following Samsung products as ones that should be blocked from import for infringing on the 7 various patents.
- Galaxy S 4G
- Infuse 4G
- Galaxy Tab
- Galaxy Tab 10.1
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That’s a sizable chunk of Samsung’s lineup and would no doubt affect its ability to do business in the US if the ban was imposed.
The technical patents that Apple is asserting in the case include U.S. Patent No. 7,479,949, a touch screen patent, U.S. Patent No. RE41,922 that patents the equipment and practices used for “providing translucent images on a computer display”, U.S. Patent No. 7,863,533, a patent that refers to a switch similar to the one that the iPhone uses for volume, U.S. Patent No, 7,789,697 and U.S. Patent N. 7,912,501 which refer to the way that Apple’s devices autodetect devices being plugged into a headset jack.
The legal back and forth between Apple and Samsung continues but the basics are that each company is matching the other move-for-move. Apple’s complaint with the ITC is a mirror of the complaint filed by Samsung to block the import of Apple’s iPhone and iPad about a week ago. This is an additional bit of legal action that compliments Apple’s application for a motion for preliminary injunction against the sale of Samsung products like the Galaxy S 4G, Infuse 4G, Droid Charge and Galaxy Tab 10.1 until a patent infringement trial can be held.
This complaint effectively gives Apple two different avenues by which it can block the sale of Samsung devices in the US, by import via the ITC or in the civil courts by means of the motion for injunction, which Apple and Samsung have been instructed to set a timeline for that they can both agree on.
The ITC case could be heard within 15-18 months if the commission chooses to investigate further, while the motion for a preliminary injunction will have to be adjudicated much earlier. Now, if that motion fails, Apple still has the ITC complaint to make another attempt at banning Samsung devices before the case is remanded to the long slog of a federal court trial.
Samsung says that “There is no legal basis for [the motion for injunction] by Apple.” and that, “We will continue to serve our customers and sales of Samsung products will proceed as usual.”