ITC Rules Apple Infringed on Samsung Patents, Issues Cease and Desist Order for Older Apple Devices

United_States_International_Trade_Commission_seal-1The U.S. International Trade Commission today reached a decision [PDF] in the ongoing Apple vs. Samsung case, ruling that Apple infringed on Samsung Patent No. 7,706,348, titled "Apparatus and method for encoding/decoding transport format combination indicator in CDMA mobile communication system."

The ITC has issued a cease and desist order that prohibits the sale and distribution in the U.S. of older Apple products that infringe on specific claims (75–76 and 82–84) of the '348 patent, which includes AT&T models of the iPhone 4 and 3GS, the iPad 3G and the iPad 2 3G.

Under the modified constructions, the Commission has determined that Samsung has proven that the accused iPhone 4 (AT&T models); iPhone 3GS (AT&T models); iPhone 3 (AT&T models); iPad 3G (AT&T models); and iPad 2 3G (AT&T models) infringe the asserted claims of the '348 patent. The win is the first in the United States for Samsung, after losing a major jury trial in 2012.

During the dispute, Apple unsuccessfully argued that as the '348 patent relates to standard technology that Samsung helped to establish, Samsung has a fair, reasonable, and non-discriminatory (FRAND) obligation that requires the company to license the patent on fair terms and prevents it from using the patent for an exclusion order.

The ITC did not agree, however, stating that Samsung's FRAND declarations "do not preclude issuance of the limited exclusion order and cease and desist order." Samsung reportedly demanded a licensing fee of 2.4% per device sold, which Apple found to be unreasonable.

The Commission has further determined that the properly construed claims have not been proven by Apple to be invalid and that Samsung has proven that a domestic industry exists in the United States with respect to the '348 patent.

The ITC's decision is a final ruling, but the ban will not go into effect immediately and could be overridden by the White House in the next 60 days. If the decision is not vetoed, Apple will be able to file an appeal.

Newer versions of Apple's iPad and iPhone, including the fourth generation iPad, the iPad mini, the iPhone 4S and the iPhone 5, use different technology that does not infringe on Samsung's patent and these later devices will not be subject to the cease and desist order.

Update: Apple spokesperson Kristen Huguet issued the following statement to AllThingsD.

We are disappointed that the Commission has overturned an earlier ruling and we plan to appeal. Today's decision has no impact on the availability of Apple products in the United States. Samsung is using a strategy which has been rejected by courts and regulators around the world. They’ve admitted that it’s against the interests of consumers in Europe and elsewhere, yet here in the United States Samsung continues to try to block the sale of Apple products by using patents they agreed to license to anyone for a reasonable fee.

AllThingsD has has also posted the full ITC order banning some of Apple's devices.

Popular Stories

AirPods Pro Firmware Feature

Apple Releases New Firmware for AirPods Pro 2, AirPods Pro 3, and AirPods 4

Thursday November 13, 2025 11:35 am PST by
Apple today released new firmware designed for the AirPods Pro 3, the AirPods 4, and the prior-generation AirPods Pro 2. The AirPods Pro 3 firmware is 8B25, while the AirPods Pro 2 and AirPods 4 firmware is 8B21, all up from the prior 8A358 firmware released in October. There's no word on what's include in the updated firmware, but the AirPods Pro 2, AirPods 4 with ANC, and AirPods Pro 3...
iOS 26

iOS 26.2 Available Next Month With These 8 New Features

Tuesday November 11, 2025 9:48 am PST by
Apple released the first iOS 26.2 beta last week. The upcoming update includes a handful of new features and changes on the iPhone, including a new Liquid Glass slider for the Lock Screen's clock, offline lyrics in Apple Music, and more. In a recent press release, Apple confirmed that iOS 26.2 will be released to all users in December, but it did not provide a specific release date....
CarPlay Pinned Messages

iOS 26.2 Adds New CarPlay Setting

Thursday November 13, 2025 6:48 am PST by
iOS 26 extended pinned conversations in the Messages app to CarPlay, for quick access to your most frequent chats. However, some drivers may prefer the classic view with a list of individual conversations only, and Apple now lets users choose. Apple released the second beta of iOS 26.2 this week, and it introduces a new CarPlay setting for turning off pinned conversations in the Messages...
homepod mini thumb feature

New HomePod Mini, Apple TV, and AirTag Were Expected This Year — Where Are They?

Wednesday November 12, 2025 11:42 am PST by
While it was rumored that Apple planned to release new versions of the HomePod mini, Apple TV, and AirTag this year, it is no longer clear if that will still happen. Back in January, Bloomberg's Mark Gurman said Apple planned to release new HomePod mini and Apple TV models "toward the end of the year," while he at one point expected a new AirTag to launch "around the middle of 2025." Yet,...
ios 26 digital id passport wallet

Apple Announces Launch of U.S. Passport Feature in iPhone's Wallet App

Wednesday November 12, 2025 9:15 am PST by
Apple today announced that iPhone users can now create a Digital ID in the Apple Wallet app based on information from their U.S. passport. To create and present a Digital ID based on a U.S. passport, you need: An iPhone 11 or later running iOS 26.1 or later, or an Apple Watch Series 6 or later running watchOS 26.1 or later Face ID or Touch ID and Bluetooth turned on An Apple Account ...
Tesla Charging

Tesla Working to Add Apple CarPlay Support to Vehicles

Thursday November 13, 2025 8:31 am PST by
Tesla is working to add support for Apple CarPlay in its vehicles, Bloomberg's Mark Gurman reports. Tesla vehicles rely on its own infotainment software system, which integrates vehicle functions, navigation, music, web browsing, and more. The automaker has been an outlier in foregoing support for Apple CarPlay, which has otherwise become an industry standard feature, allowing users to...
m1 chip slide

Five Years of Apple Silicon: M1 to M5 Performance Comparison

Monday November 10, 2025 1:08 pm PST by
Today marks the fifth anniversary of the Apple silicon chip that replaced Intel chips in Apple's Mac lineup. The first Apple silicon chip, the M1, was unveiled on November 10, 2020. The M1 debuted in the MacBook Air, Mac mini, and 13-inch MacBook Pro. The M1 chip was impressive when it launched, featuring the "world's fastest CPU core" and industry-leading performance per watt, and it's only ...
iOS 26

Everything New in iOS 26.2 Beta 2

Wednesday November 12, 2025 3:29 pm PST by
Apple today provided developers with the second beta of iOS 26.2, which adds a few new features worth knowing about. Measure App Apple's Measure app now features a Liquid Glass design for the level, with two Liquid Glass bubbles instead of white circles. Games App There's now an option to sort games in the Games app Library by size, in addition to Name and Recent. CarPlay The...
tvOS 26 Profiles

tvOS 26.2 Adds a Useful New Feature to Your Apple TV

Friday November 14, 2025 10:02 am PST by
Starting with the upcoming tvOS 26.2 update, currently in beta, additional profiles created on the Apple TV no longer require their own Apple Account. In the Settings app on the Apple TV, under Profiles and Accounts, anyone can create a new profile by simply entering a name and indicating whether the profile is for a kid. The profile will be associated with the primary user's Apple Account,...
apple intelligence erroneous support list

Apple Intelligence Apparently Too Smart for M1 Macs After Listing Error

Wednesday November 12, 2025 2:49 am PST by
Update: It took a day, but Apple has now corrected its Apple Intelligence device compatibility list to show support for the earliest Apple silicon Macs. The original article follows. Apple's website is causing some confusion among Mac owners, and for good reason – its device compatibility listing for Apple Intelligence appears to have dropped support for M1 Macs. The U.S. version...

Top Rated Comments

thejadedmonkey Avatar
163 months ago
Samsung fans, tell me how "Apparatus and method for encoding/decoding transport format combination indicator in CDMA mobile communication system." is something you support going after anyone for.

I'm no Samsung fan, but I can tell you that developing microcontrollers and software for them isn't super easy. If Samsung did it, patented it, and then Apple used it, Apple is in the wrong.
Score: 22 Votes (Like | Disagree)
portishead Avatar
163 months ago
Just got a Galaxy S4 and in all honesty it makes the iPhone look like a kids toy.

If you haven't tried one then you really should. It genuinely is a far superior product and doesn't need to rely on smart marketing for features similar to Siri which frankly don't even work.

Korea > USA
I don't know what's worse, you trolling apple articles, the fact that you equated a phone to a whole country or that you haven't been banned yet.
Score: 20 Votes (Like | Disagree)
Oletros Avatar
163 months ago
People, just stop buying Samsung product.

Look at the future you are building by buying Samsung products: copy design like a cheap ripoff rogue company, use FRAND patents that will make you pay a license for every chipset you buy.

Nonsense

Nonsense, agree, there is no other word to describe your post.
Score: 15 Votes (Like | Disagree)
bbeagle Avatar
163 months ago
Samsung fans, tell me how "Apparatus and method for encoding/decoding transport format combination indicator in CDMA mobile communication system." is something you support going after anyone for.

If you say, 'But Apple started it', just makes Samsung as bad as you claim Apple to be, and no more taking the high-road with Samsung.
Score: 14 Votes (Like | Disagree)
thekev Avatar
163 months ago
Samsung fans, tell me how "Apparatus and method for encoding/decoding transport format combination indicator in CDMA mobile communication system." is something you support going after anyone for.

If you say, 'But Apple started it', just makes Samsung as bad as you claim Apple to be, and no more taking the high-road with Samsung.
There's no logic to any of it if it's an argument between fan bases. Also did you even read the claims or just the title? If you read the claims do you understand any of the terms used?
Score: 13 Votes (Like | Disagree)
Macboy Pro Avatar
163 months ago
Samsung fans, tell me how "Apparatus and method for encoding/decoding transport format combination indicator in CDMA mobile communication system." is something you support going after anyone for.

If you say, 'But Apple started it', just makes Samsung as bad as you claim Apple to be, and no more taking the high-road with Samsung.

Well, I am not a samsung fan, but Apple did go after a rectangle with rounded corners. :eek:
Score: 12 Votes (Like | Disagree)