The US International Trade Commission’s Administrative Law Judge, Thomas Pender, has made a recommendation that he believes is the best solution for the Apple and Samsung battle.

He is recommending that there should be a ban on imports and sales of Samsung products that have been found to infringe on Apple’s patents. He also wants Samsung to post a bond for 88% of the value of several of Samsung’s devices reviewed in the case, including the Samsung Transform, Acclaim, Indulge, and Intercept.

Thomas Pender’s “solution” was made available to the public through a redacted version of his statement that had entered the ITC’s filing system on Friday, December 28th. Pender had also issued a preliminary finding back in October saying that Samsung had infringed upon 4 of Apple’s patents, with 3 of the patents related to technology and 1 related to product design.

The suggested US import ban of Samsung products will begin after a 60-day presidential review period which will then be followed up by a final decision made by the ITC.

The suggested ban on sales will include a cease-and-desist order that will ban the sale of any alleged infringing Samsung product that has already been imported.

Pender also did not limit Samsung’s bond to just 88% of the value of the infringing mobile handsets, but 32.5% of infringing media players, and 37.6% of infringing tablets as well.

Pender stated,

“I find that the evidence shows more likely than not that Samsung maintains a commercially significant inventory of imported infringing accused products in the United States.”

Pender isn’t completely hard on Samsung as he did say that Samsung will be able to sell some of their products involved in the complaint as long as they create a design workaround that he approves of.

Florian Mueller, FOSS patents expert, said,

“If those designs are legally safe but also technically adequate and commercially viable, Samsung can keep importing and selling.”

The US Patent and Trademark office is still in the process of re-examining several Apple patents, so there’s a possibility that Pender’s solutions may deal a lesser blow to Samsung.

Also, it should be noted that Pender’s suggestions have to be approved by the entire ITC, which consists of six members.

Any thoughts on Thomas Pender’s suggestions?

Computer World