In July of this year, Apple filed a complaint with the US ITC specifying that Samsung infringes 6 patents with some of its old products and demanded that they be removed from sale. In the meantime, Apple updated its application, removed one patent from the list, modified the claims for two others, but last night an ITC judge decided that Samsung really infringes 4 Apple patents. Samsung violates a design patent and 3 for software, but old Galaxy smartphones and two versions of the Galaxy Tab are brought into the discussion, so we are not talking about the new and popular Samsung terminals.
If left to stand, this initial determination could lead to fewer choices, less innovation, and potentially higher prices for the American consumer. We remain confident that the full commission will ultimately reach a final determination that affirms our position that patent law must not be manipulated to give one company a monopoly over rectangles with rounded corners, or technology that is being improved every day by Samsung and other companies. We will continue to take all appropriate measures to ensure the availability of our innovative products for American consumers.
The judge's decision is preliminary, it must be analyzed again by the 6-member panel of the ITC, this will take place in February 2013. If they consider that the judge in the first instance was right, then they will force Samsung to remove from sale the terminals that it is considered to violate Apple's patents, but in so many months Samsung can change the software in them to avoid such a problem. This victory comes after a defeat suffered by Apple yesterday in the Netherlands, but the one in Europe is much more important.
