Apple Inc won a round of a US International Trade Commission case brought by Samsung Electronics Co over patented technology in the iPhone and iPad tablet computer, its second US legal victory in a month over its largest smartphone competitor.
Apple did not violate Samsung’s patent rights, ITC Judge James Gildea said in a notice posted yesterday on the agency’s Web site. The judge’s findings are subject to review by the full commission, which has the power to block imports of products that infringe US patents.
The judge’s findings follow a federal jury’s ruling in San Jose, California, on Aug. 24 awarding Apple more than US$1 billion in damages, after deciding that Samsung copies the look and some features of the iPhone. The California jury rejected claims that Apple infringed other Samsung patents.
“Apple at the ITC is bulletproof,” said Rodney Sweetland, a lawyer at Duane Morris in Washington, who specializes in trade cases. “Nobody can get any traction against them there. The lesson is, if you want to get relief against Apple, it’s going to have to be in a foreign forum where it doesn’t have the clout or the cachet it has at the ITC or the northern district of California.”
FOUR PATENTS
Gildea said there was no infringement of any of the four patents in the ITC case, and also determined that Samsung had not proven it had a domestic industry that used the patents, a requirement that is unique to the trade agency. The judge did not provide the reasons behind his findings. The opinion is to become public after both sides get a chance to redact confidential information.
CONFIDENT
“We remain confident that the full commission will ultimately reach a final determination that affirms our position that Apple must be held accountable for free-riding on our technological innovations,” Samsung spokesman Adam Yates said. “We are proud of our long history of innovation in the mobile industry and will continue to defend our intellectual property rights.”
Kristin Huguet, a spokeswoman for Apple, said the company had no comment. Apple has previously won cases brought against it at the trade agency by HTC Corp (宏達電) and Google Inc’s Motorola Mobility, two other manufacturers of phones that run on Google’s Android operating system. Apple lost its case against Motorola Mobility, and won an order that forced HTC to remove a feature from its phones.
Apple, based in Cupertino, California, has its own ITC complaint pending against Samsung, and the judge in that case is scheduled to release his findings on Oct. 19. The two companies, which together make about half the smartphones sold in the world, are embroiled in more than 30 lawsuits spanning four continents.
“From a corporate perspective, Samsung needs to get an upper hand and they need to bring their A game,” said Will Stofega, program director at Framingham, Massachusetts-based researcher IDC. “There are a lot of things that they have going for them. They are a very valid and creative company.”
MULTIFACETED: A task force has analyzed possible scenarios and created responses to assist domestic industries in dealing with US tariffs, the economics minister said The Executive Yuan is tomorrow to announce countermeasures to US President Donald Trump’s planned reciprocal tariffs, although the details of the plan would not be made public until Monday next week, Minister of Economic Affairs J.W. Kuo (郭智輝) said yesterday. The Cabinet established an economic and trade task force in November last year to deal with US trade and tariff related issues, Kuo told reporters outside the legislature in Taipei. The task force has been analyzing and evaluating all kinds of scenarios to identify suitable responses and determine how best to assist domestic industries in managing the effects of Trump’s tariffs, he
‘SWASTICAR’: Tesla CEO Elon Musk’s close association with Donald Trump has prompted opponents to brand him a ‘Nazi’ and resulted in a dramatic drop in sales Demonstrators descended on Tesla Inc dealerships across the US, and in Europe and Canada on Saturday to protest company chief Elon Musk, who has amassed extraordinary power as a top adviser to US President Donald Trump. Waving signs with messages such as “Musk is stealing our money” and “Reclaim our country,” the protests largely took place peacefully following fiery episodes of vandalism on Tesla vehicles, dealerships and other facilities in recent weeks that US officials have denounced as terrorism. Hundreds rallied on Saturday outside the Tesla dealership in Manhattan. Some blasted Musk, the world’s richest man, while others demanded the shuttering of his
TIGHT-LIPPED: UMC said it had no merger plans at the moment, after Nikkei Asia reported that the firm and GlobalFoundries were considering restarting merger talks United Microelectronics Corp (UMC, 聯電), the world’s No. 4 contract chipmaker, yesterday launched a new US$5 billion 12-inch chip factory in Singapore as part of its latest effort to diversify its manufacturing footprint amid growing geopolitical risks. The new factory, adjacent to UMC’s existing Singapore fab in the Pasir Res Wafer Fab Park, is scheduled to enter volume production next year, utilizing mature 22-nanometer and 28-nanometer process technologies, UMC said in a statement. The company plans to invest US$5 billion during the first phase of the new fab, which would have an installed capacity of 30,000 12-inch wafers per month, it said. The
Taiwan’s official purchasing managers’ index (PMI) last month rose 0.2 percentage points to 54.2, in a second consecutive month of expansion, thanks to front-loading demand intended to avoid potential US tariff hikes, the Chung-Hua Institution for Economic Research (CIER, 中華經濟研究院) said yesterday. While short-term demand appeared robust, uncertainties rose due to US President Donald Trump’s unpredictable trade policy, CIER president Lien Hsien-ming (連賢明) told a news conference in Taipei. Taiwan’s economy this year would be characterized by high-level fluctuations and the volatility would be wilder than most expect, Lien said Demand for electronics, particularly semiconductors, continues to benefit from US technology giants’ effort