“In my first, quick reaction to yesterday’s United States Senate hearing on “Standard Essential Patent [SEP] Disputes and Antitrust Law”, I mentioned that profound concern was expressed at a high level while few references were made to the specific situation concerning the ITC import ban of older iPhones and iPads over a Samsung declared-essential patent, which will take effect in a very few days (August 5) unless it is vetoed by the Obama Administration,” Florian Müller writes for FOSS Patents.
“But I also wrote that ‘given the concern of certain senators about the problem of SEP abuse, it’s certainly possible that lawmakers have talked to the White House about the Samsung-Apple case,'” Müller writes. “”
Müller writes, “I guessed right. After the hearing a press release was distributed that included, as an attachment, a letter that four United States Senators wrote to United States Trade Representative Michael Froman yesterday. The signatories are: Senator Amy Klobuchar (D.-Minn.); Senator Mike Lee (R.-Utah); Senator Barbara Boxer (D.-Calif.); [and] Senator Jim Risch (R.-Idaho).
13-07-30 Senators to USTR Letter Samsung-Apple
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Müller writes, “There’s a fundamental problem here that needs to be solved. And it would also be regrettable if Apple had to suffer under an outlier ruling by a government agency with quasi-judicial authority.”
Read more in the full article here.
I guess only four senators have common sense.
If I had to guess my number would have been lower.
Apparently just like most the Apple fans and their new fearless German iNazi Commander in Chief Florian Mueller, you people can’t seem to read!!!
This letter says nothing about a recommendation of not banning Apple’s products. To the contrary, it’s instead in reference to recent hearings on SEPS, corporate investment in them and ITC enforcement of them. Without which Apple nor any other supposed phone maker could manufacture (or have manufactured in Apple’s case) phones compliant to a set of standards that has them all accessing carriers on a single set of standards they can all license on fair and reasonable terms.
If it wasn’t for the Nokias, Motorolas and Samsungs in this World willing to commit Billions of dollars in hardware R&D time and money into developing these standards, Apple wouldn’t even have an iPhone to sell in the first place. Apple’s iFlorian Mueller’s lips are so raw from kissing Apple’s hiney, I’m sure he’s in constant pain. Most likely carries around his own personal stash of used Bag Balm® Ointment (cow’s utter treatment) in his pocket for just such an occasion.
The cold stark reality is that if…. (because the President has actually deferred this decision to his International Trade Representative Michael Froman) he decides for Apple, it would be in dereliction of his duty to balance the outcome for the benefit of all. Not just Apple’s.
His job is to consider all sides from an International point of view. This includes Balance of Trade with countries like South Korea the home of Samsung, International Trade Unions and it’s many other corporate US Trade Partners and members and the continued investment of companies like Nokia, Samsung, IBM, Motorola, Siemens, etc in developing standards for the future of the entire Telecommunications Industry.
It is quite apparent to him, that Apple is the only corporation on the planet who hasn’t taken a license to Samsung’s Billions of Dollars spent in developing these very same standards essential patents. Without which you wouldn’t have your iPhone to make calls to other smartphones or home phones with in the first place. Now the entire ITC has already recommended that Apple simply pay up on the generous offer Samsung has made to settle all back and current license fees to date. Thus far they have refused and instead contrived a disingenuous response on why they shouldn’t be required to pay up and return at least a few of the dollars Samsung has invested in these SEPS to date.
The reality is that if Apple were allowed to get away with this, the Samsungs, Nokias and Motorolas of this World would no longer be willing to invest in SEPS for the Future and that…. my ignorant Apple Fans is why if this Ban isn’t reinforced by the Honorable Michael Froman (President’s Trade Representative), the entire cooperative Standards industry sits on the brink of destruction. Yet you fools will sit by applauding such a disastrous move as if it only affected your dearly beloved Apple!
You all (including Florian Mueller) need to get your thumbs out of your rears and Apple’s dick out of your mouths and read this for what it says. Not for what you idiots want it to say!!!
Considering the ban only affects Apple’s older ready to be discontinued products, they should accept the judgement and ask WH not to veto the judgement. Instead they should try to get ITC to ban Sumsang’s products.
One word: Precedent. It’s not about the 3GS.
Yes. Precedent. If Apple suceeds getting ITC to ban Sumsang’s products, the precedent will be set to veto them.
I guess you don’t understand what a SEP is then?
Cue Obama with his fingers in his ears mouthing “la la la la…” pretending not to hear.
Oh wait, he’s busy kicking billyjackblack’s arse out behind the woodshed? Okay then, leave him be.
You’re a child, billy.
I am happy to see this effort is bipartisan. Too much of our politics are about my team against yours. I’m also surprised that Samsung won a patent dispute over Apple, the latter of which invented the entire smartphone/tablet market that Samsung slavishly copied. Something is very, very wrong with our system.
Lee and Boxer on the same team?
Wow….
Where the hell is Boner on this? He should be crying his eyes out over this miscarriage of justice. Oh no, I forgot, that might make good news for Obama if he agreed. Cannot have that. God, I love politics.
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