The U.S. International Trade Commission in Washington was scheduled to issue a final decision in Samsung’s patent- infringement case yesterday. Instead, it asked for comments on how a ban would affect the market for smartphones and tablet computers. The question pertains to one of four patents that Samsung asserted against Apple, for a way that phones transmit data. The agency said it would make its decision May 31.
The move suggests that the ITC has found Apple infringing of a Samsung patent and could be looking for a way to deny the ban based on the impact to customers or the competitive market, reports Rodney Sweetland, a Duane Morris lawyer specializing in ITC cases.
“Were they not thinking about a violation, they would not need to ask for further information of this nature,” Sweetland said.