Samsung was ordered by the U.S. International Trade Commission yesterday to stop importing some devices to the U.S. after they were found to have infringed on two patents held by Apple, a key but largely symbolic victory for Apple.
The ruling, which does not specify which Samsung phones are affected, found the South Korean electronics company had infringed on a multitouch and headphone jack patent.
The multitouch patent names Steve Jobs as one of its inventors.
"While other phone makers can attempt to find ways to avoid this feature in their user interface, or avoid the patent based in its hardware limitations, protecting this feature should help distinguish Apple's products from its competitors," said Joseph Casino, a patent lawyer with Amster Rothstein and Ebenstein, LLP.
"It certainly is a symbolic victory," said Max Wolff, senior analyst and chief economist for Greencrest Capital. "It's probably not transformative."
The two-year legal battle over the patents, Wolff said, allowed Samsung to plan for a possible loss. "The newer phones anticipated a potential loss, and they basically dodged an enforcement action," he said.
While the decision did not name the infringing Samsung devices and it is unclear what the full effect of the decision will be for Samsung, the ITC did say newer devices worked around Apple's patents.
That doesn't mean Apple's legal work is over though.
"One of the best ways to get value out of a patent portfolio is to prevent competitors from using the features that distinguish the patentee's products. Apple has signaled to the tech world that it will vigorously defend the patented aspects of their products," said Casino.
The decision is an important win for Apple, but the ITC also cleared Samsung in connection with four other disputed patents, including one over the physical design of the phones.
Samsung will be able to continue to import the infringing devices at a 1.25 percent bond during the presidential review period of 60 days. Last weekend, the Obama administration invalidated an ITC order to ban imports of the iPhone 4 and a version of the iPad 2, as it has the authority to do.
President Obama is against import bans based on the type of patent at issue in the June ruling, which was considered a patent on a widely used technology standard.
Herald wire services contributed to this report.
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