ITC

Following the verdict in the Apple vs. Samsung trial today, where Samsung was found guilty of infringing various Apple patents related to the case, Apple is also coming out a winner, at least temporarily, in Google/Motorola’s attempt to block imports of iPhones and iPads to the United States.

In late June, we told you about Google’s attempt to block U.S. imports of iPhones and iPads based on a previous ruling that Apple infringed on one standard-essential Motorola patent. The initial ruling was under review by the ITC, which has power to block U.S. imports of Apple devices from Asia, with a decision expected at a hearing scheduled for today.

The ITC has now concluded its review (via paid blogger FossPatents), finding no violations for three of the four patents in the initial suit (including the one mentioned above), but remanded an investigation on a fourth, non-standard essential patent to Judge Thomas Pender. The result? According to FossPatents, there might be a violation and import ban related to the patent, but a remand and ITC review could take up to a year:

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As noted in a report from Ars Technica, the ITC’s import ban on Motorola Android devices is set to kick in tomorrow. It covers 18 Motorola products infringing patents related to Microsoft’s Exchange Active Sync technology. Motorola, of course, has the option to pay Microsoft to license the patent, as it has in the past, but the company told Ars in a statement that it plans to continue selling its flagship devices in the U.S. following tomorrow’s ban:

“In view of the ITC exclusion order which becomes effective Wednesday with respect to the single ActiveSync patent upheld in Microsoft’s ITC-744 proceeding, Motorola has taken proactive measures to ensure that our industry leading smartphones remain available to consumers in the US,” Motorola said. “We respect the value of intellectual property and expect other companies to do the same.”

The following Motorola devices are covered by the ITC ruling: the Motorola Atrix, Backflip, Bravo, Charm, Cliq, Cliq 2, Cliq XT, Defy, Devour, Droid 2, Droid 2 Global, Droid Pro, Droid X, Droid X2, Flipout, Flipside, Spice, and Xoom.

Ars also received a statement from Microsoft’s Deputy General Counsel David Howard:

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According to a report from Bloomberg, U.S. International Trade Commission Judge Thomas Pender has ruled in favor (PDF) of Motorola and claimed Apple’s devices infringe on one Android-related patent owned by the company. The ruling is only a partial victory for Motorola’s attempt to receive an injunction on iPhones and iPads, because the judge’s decision will still have to be reviewed before import blocks can be achieved:

ITC Judge Thomas Pender said Apple violated one of four Motorola Mobility patent rights. The patent relates to Wi-Fi technology. The judge’s findings are subject to review by the six-member commission, which has the power to block imports that infringe U.S. patents.

As for the Wi-Fi patent in question (# 6,246,697), Apple spokesperson Kristin Huguet told AllThingsD that Motorola refused to license its industry-standard technology on “reasonable terms”:

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