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USANews版 - ITC judge says Samsung infringes key part of Apple patent
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WASHINGTON (Reuters) - Samsung Electronics Co Ltd infringed a key portion of
an Apple Inc patent by including a text-selection feature in its
smartphones and tablets, an International Trade Commission judge said in a
preliminary decision.
South Korean-based Samsung did not infringe portions of a second Apple
patent that allows a device to detect if a microphone or other device is
plugged into its microphone jack, the judge said in a decision that was
issued on March 26 but kept confidential until late Thursday to allow the
companies to redact sensitive business information.
The full commission must now decide if they will uphold it or overturn the
judge's decision. A final decision is expected in August.
If it is upheld, the ITC can order any infringing device to be barred from
importation into the United States. Apple has alleged that Samsung's Galaxy,
Transform and Nexus devices, among others, were among those made with the
infringing technology.
Apple had filed a complaint in mid-2011, accusing Samsung of infringing its
patents in making a wide range of smartphones and tablet.
ITC Judge Thomas Pender said in a preliminary decision in October that
Samsung infringed four Apple patents but did not violate two others listed
in the complaint. There had been seven listed initially, but one was dropped
during litigation.
The full commission then said it wanted the agency's judge to take a second
look at portions of two patents where he had found that Samsung infringed.
That remanded decision, issued in late March, was unsealed on Thursday.
Samsung is the world's largest smartphone maker, while Apple is in second
place, according to Gartner Inc, a technology research firm.
Apple is waging war on several fronts against Google Inc, whose Android
software powers many Samsung devices. The legal battles between Apple and
Samsung have taken place in some 10 countries as they vie for market share
in the booming mobile industry.
Google's Android software, which Apple's late founder Steve Jobs denounced
as a "stolen product," has become the world's No. 1 smartphone operating
system. Apple's battle against Google's Android software has dragged in
hardware vendors that use it, including Samsung and HTC.
Samsung is also a parts supplier to Apple, producing micro processors, flat
screens and memory chips for the iPhone, iPad and iPod. Apple has reduced
orders from Samsung for chips and screens.
The case at the International Trade Commission is No. 337-796.
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