“The ruling is a setback for Samsung, which had won the import ban against Apple from the U.S. International Trade Commission in June based on a patent widely used in the mobile-device industry for transmitting data. The U.S. drew a line between blocking the sale of products infringing patents that are part of industry standards versus those for unique features,” Decker, Kopeck, and Tam report. “The decision will probably handicap Samsung’s ability to obtain higher technology licensing fees from Apple in any negotiations, said Susan Kohn Ross, a trade lawyer with Mitchell Silberberg & Knupp in Los Angeles.”
Decker, Kopeck, and Tam report, “More broadly, the decision by U.S. Trade Representative Michael Froman, designated by Obama to review the case, could limit the ability of large patent-holding companies like Qualcomm Inc., InterDigital Inc. and Dolby Laboratories Inc. to rely on royalty revenue from standards patents used in smartphone chips or sound transmission… Froman’s decision was the first time the executive branch has overturned an import ban ordered by the ITC since 1987, when President Ronald Reagan did so in a case involving Samsung computer-memory chips.”
“‘The problem now for Samsung is not that Apple can continue to sell its products, but whether Samsung’s products will be banned,’ said Lee Sun Tae, a Seoul-based analyst at NH Investment & Securities,” Decker, Kopeck, and Tam report. “Apple, based in Cupertino, California, said disputes over licensing terms shouldn’t result in product import bans. ‘We applaud the administration for standing up for innovation in this landmark case,’ an Apple spokeswoman, Kristin Huguet, said in an interview. ‘Samsung was wrong to abuse the patent system in this way.’”
Read more in the full article here.
http://macdailynews.com/2013/08/05/south-korea-concerned-about-u-s-decision-to-overrule-apple-iphone-ipad-sales-ban/ – August 5, 2013
Obama administration vetoes Apple iPhone sales ban in U.S. – August 3, 2013
Google ready to ditch Android over its intellectual property issues? – July 29, 2013