A trial is a long, expensive and not without risk, companies operating in the United States are also often requested arbitration of the ITC (International Trade Commission) which query processing is faster and which, without replacing the judiciary can be brought to block sales on American soil units which use patents without authorization.
The smartphone manufacturers are regularly call, knowing the potential consequences of stopping the distribution of terminals on the strategic market of the United States. But it is not difficult to make an application, it is necessary that patent infringement is recognized.
Apple and Samsung have used various stages of litigation at the ITC, self-sustaining patent war to which the two groups are engaged violently since 2010. The Korean group had mounted such a request in 2011 by claiming that Apple used four of its patents in its mobile devices (iPhone, iPad, iPod) without paying the applicable license fees.
After reviewing the case, a judge of the ITC made its conclusions reject the charge of violating four patents by Apple and therefore refutes the possibility to prohibit the sale of mobile products. It is still only a temporary decision that must be validated (or not) by all members of the Commission by January 2013.
Samsung says they are so disappointed but confident in the final decision of the ITC to enforce its intellectual property. The case seems wrong committed and, failing to find a foothold in at least one of the cited patents, could lead to a rejection of the request.
Next month is another ITC preliminary decision is expected this time to give a first direction to a request from Apple against Samsung again and the possible threat of blocking sales of mobile devices USA. The patent war continues.