“Three weeks ago the United States International Trade Commission issued its final ruling on Samsung’s complaint against Apple and entered a limited exclusion order (i.e., U.S. import ban) against older iPhones and iPads over a patent Samsung once declared essential to the 3G cellular telecommunications standard and promised to license to all comers on fair, reasonable and non-discriminatory (FRAND) terms,” Florian Müller reports for FOSS Patents.
“After a series of FRAND-friendly rulings in different jurisdictions denying injunctive relief over standard-essential patents (SEPs), it came as a surprise that the ITC granted Samsung’s request for a ban,” Müller reports. “‘[This] decision makes the ITC an outlier internationally and domestically,’ argues Apple in a submission to the United States Trade Representative (USTR), to whom President Obama has delegated the authority to veto ITC exclusion orders. The term USTR refers to the special ambassador in charge of U.S. trade policy as well as to his office, which is part of the Executive Office of the President [of the United States].”
Müller reports, “Further to its early-June decision the ITC has already instructed U.S. Customs and Border Protection to hold all shipments of devices subject to the order. But the order has not yet taken effect. There is a 60-day Presidential review period following transmittal of the order to the President. Typically the 60-day period expires without a veto, and the order enters into force. But this is a high-profile case raising serious issues, and Apple is urging disapproval of the ITC’s order because “this is a case with much broader ramifications” than a mere legal or factual error that the United States Court of Appeals for the Federal Circuit could correct. (Note that Apple can appeal the ITC decision to the Federal Circuit only after the Presidential review.)”
Tons more in the full article here.
Related articles:
Why the U.S. Congress needs to act now to disallow ITC import bans over standard-essential patents – June 7, 2013
Apple getting ahead of legal system to contain import ban damage – June 6, 2013
Why U.S. ITC’s ruling for Samsung over Apple is meaningless – June 6, 2013
Obama faces high stakes dilemma in Apple-Samsung battle – June 5, 2013
U.S. ITC rules for Samsung, bans Apple iPhone 4 imports into U.S. – June 4, 2013
Damn straight !
For those who don’t “see” it, this is the current administrations way of forcing apple to play along with them or suffer the ramifications – a pissing match between a company with billions in the bank and a broke government who wants it. “If you won’t give it to us, we won’t let you get any more, and we will slowly take away what you do have and get.”
And did they coordinate the take-down from $700 to $400?
Yes, nothing makes more sense than making a US tax paying company lose half its value. Sure that is what Obama wants. How do you see everything as Obama’s plan? Do you really think he has that kind of power? Hell he cannot do anything as long as the tea baggers control congress. Get real.
“Yes, nothing makes more sense than making a US tax paying company lose half its value.”
if your agenda is destroying the American economy and the Bill of Rights, you bet, it makes perfect sense.
“if your agenda is destroying the American economy and the Bill of Rights, you bet, it makes perfect sense.”
Exactly! And in response to CupertinoJoe.. Did I ever mention Obama? No. I said “administration”. Yes, that could imply Obama, but by your own admission by reply, you are obviously well aware that Obama is in control and has that much control. Never.. Never.. Never underestimate. You sir are doing exactly that.
The bill of rights is an old crappy paper that needs some serious updating.
There are only 5 Tea Party candidates in the Senate and 40 in the House that were elected. The Republicans control the House and Harry Reid controls the Senate. That’s the real story. Just because you like saying, “tea baggers” doesn’t change the facts.
What Obama does have power to do in this case is veto the ITC ruling, but that’s unlikely. It’s been almost a month since the ruling and nothing’s happened so far. If Obama cared about Apple, he would put pressure on the Justice Department to drop the ebooks case, would have put a stop to the tax hearings, etc. Instead, what Obama does well is do nothing and spout eloquent nonsense. He’ll be too busy touring Africa anyway.
This is serious. But Apple and Samsung were in discussions for Apple to license the patent that that’s probably why Goosung won this ruling. The problem was that they could not come terms about how much Apple should pay. Goosung wanted like 2.4% of each device sold which is totally ridiculous… Apple on the other hand wanted to pay 0.00-something. Essentially Goosung demanded about 64000 times what Apple was willing to pay. But if you think about Goosung’s ridiculous demand of 2.4% you don’t need many patents to eat up all the profits from a phone… So that is a totally ridiculous demand. I bet Goosung thinks so too, they know it. They just want to hurt Apple. This will get huge ramifications if it is enforced. Because now, everyone that holds a SEP will realise they are getting extremely underplayed and lawsuits will fly all over. Goosung don’t hold all the patents themselves will probably get hit and price will increase for everyone on every phone. SEPs are SEPs for a reason.