Featured: Apple Finally Gets Investigated by ITC
As much as I’ve been writing since the Apple versus Samsung verdict, it was always Samsung that was being investigated by someone for something. Rather frustrating at times, as I’m sure Samsung is not the only one who can be performing actions that are “questionable.” It’s about time someone turned that spotlight to Apple, and thanks to Motorola it has!
The U.S. International Trace Commission (ITC) received a “motion” per Motorola to have Apple’s products reviewed. Why? Motorola wants a determination to see if the any of Apple’s products are in violation of section 337 of the Tariff Act of 1930 and infringing Motorola’s patents. WOW! Well, what exactly is section 337? It is:
“… an important means for combating unfair practices in the import trade and especially for enforcing U.S. intellectual property rights at the border. If imports are found to violate Section 337, an exclusion order will be issued to the U.S. Customs Service excluding these products from the United States.”
If Apple is found guilty Motorola has requested “cease and desist” orders against all products that are found to be infringing. Earlier, the ITC had ruled in favor of Apple and that the 3 Motorola’s patents of 3G wireless technology were not violated. There was also another patent, that is still in discussion to decide if it’s violating Motorola’s patent or not.
It will definitely take some to find the results of this matter, but it’s definitely nice to hear that Apple is being investigated! This may prove that they are not so perfect after all. Apple needs to be very careful, as any investigation or acquisition could bring an opportunity for anyone to strike, including Samsung!
Once the motion has been made, the case is assigned to an “administrative law judge” who will have a hearing to hear the sides and evidence. From this point, the judge will issue his determination, and then it goes to the ITC judges. It’s a lengthy process that could take quite some time to get a final decision on. Both Apple and Motorola have been contacted by our good friends at CNet for further comment and will provide updates for readers if and when that happens.
I for one, will say I am quite happy to hear that Apple is the target of another company. Apple has had a sole target on Samsung for some weeks now, but now they have a target on them and it will get even bigger if they are not careful as they continue their “sue happy” nature.
What do you think will become of this investigation? Do you think it will be thrown out and Apple will rise out of this “mess” un-touched? Share your thoughts with us!