Blog 19: 2 Wars; ITC Vs. ALJ and Apple V. Samsung

Administrative Law Judge Pender made a remand against the ruling of Apple vs Samsung. Judge Pender added claim 34 and 35 to the review which was for a method of providing translucent images on to a computer display. The conclusion of the review will likely help Samsung in overturning Apple’s previous win on claim 34 and 35. The argument for Samsung is that they are not infringing because they are not selling the product, however Apple says the patented information is in the owner’s manual and it is being imported so that is grounds for infringement. The ITC staff who were sitting in on the review agrees with Apple and recommends the commissions to overrule, but Judge Pender still ruled in favor of Samsung. However, Samsung can still get an exclusion order from the ITC which is an import ban.

So there are two wars going on here Apple V Samsung and the SLJ Vs. the ITC. We see that ALJ  Judge Pander reviewed a previous case and overruled on a previous case. However, the ITC staff were also overseeing the case and they are trying to dismiss Judge Panders ruling.  

http://www.fosspatents.com/2013/04/corrected-itc-ruling-finds-androids.html