ITC Rules Apple Infringed on Samsung Patents, Issues Cease and Desist Order for Older Apple Devices - MacRumors
Skip to Content

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

apple pro tell logo

Apple Launches Two Products Today

Friday November 13, 2026 2:37 am PST by
Apple is releasing two new products today, Friday, November 13: the all-new Apple HomeView and the fourth-generation Apple TV 4K, both of which have been available to pre-order since mid-October. Apple HomeView: Apple's new smart home display, powered by Apple Intelligence with Siri AI, for entertainment and managing the home. Available in tabletop and wall-mounted models, it can recognize up...
imac video apple feature

November 20 to Mark the End of an Era at Apple

Wednesday November 11, 2026 7:51 am PST by
Apple has announced that the long-running Apple Support Community discussion forums for user-to-user tech support will be permanently closing on Friday, November 20. The forums have existed in some form for nearly 30 years, so it is the end of an era. Effective immediately, the Apple Support Community forums are in a read-only state, with new posts no longer being accepted. The final message ...
johny srouji

Apple's Johny Srouji Eyed to Replace Nvidia CEO Jensen Huang

Thursday November 12, 2026 4:29 am PST by
Apple's chief hardware officer Johny Srouji is being considered as a potential successor to Nvidia CEO Jensen Huang as the chipmaker's board prepares to remove its co-founder, according to Semafor. Citing a person familiar with the matter, the publication identified Srouji as one of the people under consideration for Nvidia's top job. It is unclear if Srouji has yet been approached or...

Top Rated Comments

thejadedmonkey Avatar
176 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)
176 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
176 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
176 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
176 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)
176 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)
Latest Stories
HomeView Tidbits: Mirror, Sleep Timer, and Other Details
HomeView Tidbits: Mirror, Sleep Timer, and Other Details
15 hours ago
Siri AI Still Not Enabled on HomePod Mini 2 With Latest Software Update
Siri AI Still Not Enabled on HomePod Mini 2 With Latest Software Update
17 hours ago
Apple Releases tvOS 27.2.1 With Siri AI for Older Apple TVs
Apple Releases tvOS 27.2.1 With Siri AI for Older Apple TVs
17 hours ago
Microsoft 365 Outage Resolving After Nearly 24 Hours
Microsoft 365 Outage Resolving After Nearly 24 Hours
18 hours ago
iPhone Duo Survives 450,000 Folds, but Hinge is Weakening
iPhone Duo Survives 450,000 Folds, but Hinge is Weakening
19 hours ago
Apple TV 4K Launch Day Deal Arrives at Amazon
Apple TV 4K Launch Day Deal Arrives at Amazon
19 hours ago
The MacRumors Show: HomeView and Apple TV 4K First Impressions
The MacRumors Show: HomeView and Apple TV 4K First Impressions
20 hours ago
YouTube App Not Working on Your New Apple TV? Here's the Fix
YouTube App Not Working on Your New Apple TV? Here's the Fix
20 hours ago
Apple Meets Thai Officials Over iPhone Spyware Warnings
Apple Meets Thai Officials Over iPhone Spyware Warnings
20 hours ago
Apple Shares HomeView 27.2 Release Notes With List of Features
Apple Shares HomeView 27.2 Release Notes With List of Features
21 hours ago
HomeView in Québec: Apple Says Canadian French Support to Arrive in Software Update
HomeView in Québec: Apple Says Canadian French Support to Arrive in Software Update
22 hours ago
Apple Watch Ultra 3 Gets Big $250 Discounts Ahead of Black Friday
Apple Watch Ultra 3 Gets Big $250 Discounts Ahead of Black Friday
22 hours ago
Apple Says HomeView Sets New Record in Design-Focused Interview
Apple Says HomeView Sets New Record in Design-Focused Interview
22 hours ago
Best Apple Deals of the Week: AirTag 2 Hits Record Low Price, Plus Early Black Friday Sales
Best Apple Deals of the Week: AirTag 2 Hits Record Low Price, Plus Early Black Friday Sales
22 hours ago
iPhone 18 and 18e Coming in Spring 2027 With A20 Chip
iPhone 18 and 18e Coming in Spring 2027 With A20 Chip
22 hours ago
King Charles to Join Elton John's Apple Music Radio Show
King Charles to Join Elton John's Apple Music Radio Show
22 hours ago
Select 'Apple Home Collection' Accessories Now Available to Order
Select 'Apple Home Collection' Accessories Now Available to Order
23 hours ago
Major Microsoft 365 Outage Continues
Major Microsoft 365 Outage Continues
1 day ago
Apple Launches Two Products Today
Apple Launches Two Products Today
1 day ago
Hands-On With the New Apple TV 4K and Siri AI
Hands-On With the New Apple TV 4K and Siri AI
2 days ago
Siri AI Coming to Older Apple TV 4K Models in tvOS 27.2.1
Siri AI Coming to Older Apple TV 4K Models in tvOS 27.2.1
2 days ago
HomeView Launch Kicks Off as First Orders Reach Customers
HomeView Launch Kicks Off as First Orders Reach Customers
2 days ago
Apple Continues to Move Up iPhone Duo Delivery Dates
Apple Continues to Move Up iPhone Duo Delivery Dates
2 days ago
Apple Explains How HomeView Keeps Camera Data Private
Apple Explains How HomeView Keeps Camera Data Private
2 days ago
Apple Releases Updated HomeView Software 27.2 Before Launch
Apple Releases Updated HomeView Software 27.2 Before Launch
2 days ago
Apple Adds Samsung Foldables to Trade-In Program
Apple Adds Samsung Foldables to Trade-In Program
2 days ago
Apple Sports App Now Features UFC
Apple Sports App Now Features UFC
2 days ago
Trump Says Tim Cook Should Be Nvidia CEO as Jensen Huang Resigns
Trump Says Tim Cook Should Be Nvidia CEO as Jensen Huang Resigns
2 days ago
Apple Releases Emotional 2026 Holiday Ad Featuring MacBook Neo
Apple Releases Emotional 2026 Holiday Ad Featuring MacBook Neo
2 days ago
Apple's Official iPhone 18 Pro Cases and Watch Bands Get Big Discounts on Amazon
Apple's Official iPhone 18 Pro Cases and Watch Bands Get Big Discounts on Amazon
2 days ago