“There’s some who feel Samsung should receive a waiver on the Apple victory against it at the ITC, in the same way its case against Apple was waived,” Jonny Evans writes for Computerworld. “This puerile argument has no substance to it as the circumstances of both cases are very, very different.”

“Bloomberg reports Samsung wants a presidential pardon because Apple got one — but the circumstances of these two cases are very different,” Evans writes. “In this case, Samsung’s patents are essential to an industry standard. That’s why the firm agreed to license them in an open way to all in the industry who wanted to use them, and to do so at a fair and equable rate to all. (It amuses me how some Android champions who cling to the word ‘open’ as part of their religion seem so unwilling to respect the need for fair and open dealing in those industry standards their ‘open’ is based on.)”

“In Apple’s case the argument it has won pertains to functionality that differentiates the Apple products from other devices,” Evans writes. “The difference between these cases doesn’t stop Samsung from demanding the same treatment it claims Apple received. Unable or unwilling to concede the different meaning of the two findings, it states: ‘The world is watching how Samsung is treated by the United States in this ‘smartphone war. The administration has a significant interest in avoiding the perception of favoritism and protectionism toward US companies.'”

Evans writes, “The world is indeed watching; not because it feels Samsung is an innocent victim of US protectionism, but because it is waiting to see what precisely the US will choose to protect.”

Read more in the full article here.

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