The Internal Trade Commission late Monday said it would review the decision made by one of its administrative judges in September finding that Apple didn't tread on four Samsung patents in making the iPhone, iPad and iPod touch.

Two of Samsung's patents, the only two that Samsung could possibly succeed on, are standards-essential patents related to 3G wireless technology and the format of data packets for high-speed transmission. So the determining factor in the decision, if the ITC decides to wrestle with it, could be Samsung's treatment of its standards-essential patents which are supposed to be licensed on fair, reasonable and non-discriminatory terms so widgetry interoperates.

If the ITC's six commissioners side with Samsung, Apple's devices could be banned despite its victory over Samsung this summer in California where a jury assessed $1.05 billion against Samsung for infringing Apple's patents, a verdict Samsung is appealing.

The ITC has asked for briefs on whether widgetry that infringes FRAND patents can be barred from the government and "any other interested parties." Its final decision is expected in January or February.

For further discussion see www.fosspatents.com/2012/11/frand-issues-key-to-itc-review-of.html.