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Apple asks ITC for stay on iPhone and iPad ban following Samsung court victory

Due to go into effect on 5 August
Wed Jul 10 2013, 11:02
Apple iPhone 4

GADGET DESIGNER Apple has asked the US International Trade Commission (ITC) to stay a ban on its iPhone and iPad devices due to go into effect on 5 August.

Apple is facing a ban on its iPhone 4 and iPad 2 models in the US, after Samsung won a surprise court victory over its rival in June when a US court ruled that Apple's iPhone and iPad devices infringe a Samsung patent related to encoding technology.

This week Apple filed a motion with the ITC asking it to stay the upcoming iPhone and iPad ban. In the motion Apple said, "If the Orders go into effect, Apple will lose not only sales of its iPhone 4 (GSM) and iPad 2 3G (GSM) products but also the opportunity to gain new smartphone and tablet customers who otherwise would have purchased these entry-level Apple devices.

"[The products] remain very popular and are strong sellers for the GSM carriers. The GSM carriers will be placed at a competitive disadvantage against their CDMA competitors because the Orders will prevent them from offering these popular, entry-level devices."

Apple said that the US Federal Court of Appeals, where it has challenged the ITC's decision, is likely to find the Samsung patent invalid.

"If the stay is granted, Samsung can seek redress for any lost FRAND royalties by pursuing the patent infringement suit that it has already initiated in the District of Delaware."

Samsung has yet to comment on the latest developments, but said at the time of its court victory, "We believe the ITC's Final Determination has 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." µ


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