The ITC Bans The Sale Of Old iPhones and iPads Due To Samsung Patent

Posted Jun 5, 2013

The International Trade Commission is banning the sale of older iPhone and iPad models in the United States after determining that they infringe on a Samsung patent.  This ruling affects AT&T’s iPhone 3G, iPhone 3GS, iPhone 4, iPad, and iPad 2.  The new versions of the iPhone and iPad are not affected by the ruling.

Samsung had accused Apple of violating four of their patents related to the iPhone and iPad, but the Commission found that Apple was guilty of infringing on just one patent, covering an “apparatus and method for encoding/decoding transport format combination indicator in CDMA mobile communication system.”

“We believe the ITC’s Final Determination has confirmed Apple’s history of free-riding on Samsung’s technological innovations,” stated a Samsung spokesperson. “Our decades of research and development in mobile technologies will continue, and we will continue to offer innovative products to consumers.”

Apple will likely appeal the decision to the U.S. Court of Appeals for the Federal Circuit.  Apple does not sell the 3G and 3GS versions of the iPhone anymore, but the iPhone 4 and iPad 2 are still available for purchase.

This lawsuit was filed back in August 2011 when Samsung filed a complaint with the ITC.  In September 2012, an administrative law judge at the ITC ruled in favor of Apple.  Samsung requested the full commission to review the decision.  The ITC agreed to do that in November.

The Commission determined that SAmsung proved a violation of section 337 of the Tariff Act of 1930 with the patent known as the ‘348 patent.