Sunday, August 4, 2013

Google says Moto X won't be subject to ITC import bans because it's assembled in the U.S.

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Source: www.fosspatents.com --- Saturday, August 03, 2013
The popularity of the United States International Trade Commission (USITC, or just ITC) as a patent litigation forum is largely attributable to the difficulties patent holders face in U.S. federal court. District courts are usually slower than the ITC, and even after final liability findings in your favor, it's still doubtful whether -- and when -- you're going to obtain meaningful remedies. The state of affairs in the first Apple v. Samsung litigation in the Northern District of California is a good example: the complaint was filed in April 2011 , and in August?2012 a jury found Samsung to infringe half a dozen Apple patents. The court declined to overrule the jury on these liability findings, but Apple was denied a permanent injunction (the related appellate hearing will take place next Friday ) and to date has not received even one cent of damages. By contrast, Samsung's June 2011 ITC complaint against Apple resulted in a liability finding only with respect to a FRAND-pledged standard-essential patent (SEP), but the ITC ordered an import ban in a controversial outlier decision, which will take effect on Monday unless stayed or vetoed at the 11th hour. A ruling on Apple's ITC countercomplaint against Samsung is due next Friday , so Apple may also win an ITC import ban prior to any actual remedy in district court. The ITC's willingness to order import bans over FRAND-pledged SEPs, its outlier positions on the antitrust issue of ...

Source: http://www.fosspatents.com/2013/08/google-says-moto-x-wont-be-subject-to.html

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