ITC Staff Now Advocates An Exception From Potential HTC 4G Android Device Ban.

ITC staff earlier concluded that banning HTC 4G Android devices would not affect the public, ""is not contrary to the public interest"" since there are other 4G devices in the market. But now they are suggesting a six month narrow exception to be allowed in the case of any exclusion order. So Apple will not be able to ban HTC Android device imports, at least for six months from such decision.

"In its opening submission, OUII recommended that, in the event a violation is found, a limited exclusion order should issue against the HTC Respondents. In OUII's view, the issue raised by the submissions of HTC and third parties (Google and T-Mobile) is not whether an exclusion order should issue, but whether any exceptions to such an order are appropriate based upon the public interest. As discussed below, OUII submits that, based upon the parties' and third-party submissions regarding the public interest, any exclusion order should contain a narrow exception to allow for the continued importation of HTC's 4G-capable devices for a limited duration."

The ITC staff have also concluded that such exception would not harm Apple, sighting that Apple does not have a competing 4G device. (I don;t know if ITC is trying to turn Steve Jobs in his grave);
"In contrast, the harm to Apple from an exception to the exclusion order is likely to be small. Apple currently does not have a competing 4G device. Additionally, the number of 4G HTC devices is fairly small at this time. Thus, Apple will still enjoy the benefit of an exclusion order that is limited , for the present, to only HTC’s 3G devices."
This decision might even affect the ruling of Apple vs Samsung, (request for injunction) soon to be decided in California.
Either way, I find this to be fair and I know, I will be trading my iPhone 4S for a 4G device soon, either from Samsung (most likely) or even HTC.
FOSS Patents has all the information on this issue and more.

Samsung's 3G Patents Asserted Against Apple In 9 Countries.

This patent wars does not seem to end anytime soon and APple vs Samsung cases get filed all over the world. Sometimes it seems so ridiculous but business need to go on. I guess only litigation will remain at the end.
If Apple rightfully won the injunction against Samsung, it is only right if Samsung does the same. Some times I wonder, why these people can't talk. Then again, it is the lawyers who talk, not techies. It is always advantageous for lawyers to have cases, so it might be one reason these talks fail or do not exist.
FOSS Patents has researched and listed 13 patents that Samsung is asserting against Apple. You can read the write up and the rest of the patents, I have only listed first 5 patents here.

U.S. Patent Application No. 2006/0252377

"Method and apparatus for reporting inter-frequency measurement using RACH message in a communication system" (link)

European equivalent (EP1720373) asserted in France and Italy

U.S. Patent No. 6,598,202

"Turbo interleaving apparatus and method" (link)

European equivalent (EP1097516) asserted in France and the Netherlands; local equivalent (KR100330234, application number KR1020000027143) asserted in Korea

U.S. Patent No. 6,928,604

"Turbo encoding/decoding device and method for processing frame data according to QoS" (link)

asserted in the Northern District of California; European equivalent (EP1005726) asserted in Germany, the UK, and Italy; Australian equivalent (AU722598) asserted in Australia

U.S. Patent No. 7,050,410

"Apparatus and method for controlling a demultiplexer and a multiplexer used for rate matching in a mobile communication system" (link)

asserted in the Northern District of California; European equivalent (EP1114528) asserted in Germany and the Netherlands; Australian equivalent (AU751376) asserted in Australia

U.S. Patent No. 7,200,792

"Interleaving apparatus and method for symbol mapping in an HSDPA mobile communication system" (link)

asserted in the Northern District of California

FOSS Patents

Samsung Buys Android Protection From Microsoft!

In a bizarre acknowledgment of Android IP holes, and without waiting for Google protection, Samsung has gone and signed a deal with Microsoft. According to the agreement, "Microsoft will receive royalties for Samsung’s mobile phones and tablets running Android" and Samsung will also work on Windows phones.
The major issue with this news is that it looks like Android ODMs are for themselves, rather than teaming up to be a force.
Microsoft press release;

REDMOND, Wash — Sept. 28, 2011 — Microsoft announced today that it has signed a definitive agreement with Samsung Electronics Co. Ltd., to cross-license the patent portfolios of both companies, providing broad coverage for each company’s products. Under the terms of the agreement, Microsoft will receive royalties for Samsung’s mobile phones and tablets running the Android mobile platform. In addition, the companies agreed to cooperate in the development and marketing of Windows Phone.

“Microsoft and Samsung see the opportunity for dramatic growth in Windows Phone and we’re investing to make that a reality,” said Andy Lees, president, Windows Phone Division, Microsoft. “Microsoft believes in a model where all our partners can grow and profit based on our platform.”

“Through the cross-licensing of our respective patent portfolios, Samsung and Microsoft can continue to bring the latest innovations to the mobile industry,” said Dr. Won-Pyo Hong, executive vice president of global product strategy at Samsung’s mobile communication division. “We are pleased to build upon our long history of working together to open a new chapter of collaboration beginning with our Windows Phone “Mango” launch this fall.”

Founded in 1975, Microsoft (Nasdaq “MSFT”) is the worldwide leader in software, services and solutions that help people and businesses realize their full potential.

Note to editors: For more information, news and perspectives from Microsoft, please visit the Microsoft News Center at http://www.microsoft.com/news. Web links, telephone numbers and titles were correct at time of publication, but may have changed. For additional assistance, journalists and analysts may contact Microsoft’s Rapid Response Team or other appropriate contacts listed at http://www.microsoft.com/news/contactpr.mspx.

MS