“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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FTC staff said to formally recommend antitrust lawsuit against Google over FRAND abuse – November 1, 2012
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EU launches full-blown investigation of Samsung’s suspected abuse of FRAND-pledged patents; Motorola on notice – January 31, 2012
EU opens antitrust investigation into Samsung over patents – January 31, 2012
European Commission investigates Samsung over possible abuse of FRAND patents against Apple – November 3, 2011
Why is Samsung attempting to ban Apple’s iPhone 4S over FRAND patents? – October 5, 2011
Well Samsung is a thief and therefore should not get a pardon, Obama, you are an Asshole so far, but hit Samsung with every thing you can.
Obviously, because Samsung’s patents are standard-essential, and Apple’s are not.
Judge Lucy Koh was biased, hoping Obama is not as disappointing.
Obama needs to be “overturned.”
Hey, botvinnik….You seems to be level headed and interested in politics, may be you should consider getting into politics…….May be you could get elected as a Senator and the Country will be grateful to you.
Good idea, my first act as king will be to send four 11 year old girls (the designers of IOS7) to kick your ass.
You can’t even take a compliment, what is wrong with you
my great flaw, a sense of humor.
KingMel thinks your sense of humor is warped and that you are a little turd. You’re not gonna take that crap from him, are you?
Melvin is an untruth self-evident, you’re merely a puke.
Don’t try to sweet talk me darlin’.
NO MORE BICKERING!
Reject the false messiah, Obama!
All Hail the illumination, goodness and wisdom of the True Messiah, botvijerk!
All truth floweth from Him.
botvijerk messiah for President!
botvinnik would send four 11 year old girls because they would be a far more effective fighting force than botvinnik, himself. Have to fight using a proxy, don’t you “willow”?
Good one. How about you two get at it again, because I really enjoy all of the vicious bitch slappin’ that will ensue.
and he can take First and..whatever with him
You had your chance. Your robot lost. Suck it up, princess.
Waiver? Why? They broke the law and further evidence shows they don’t care and continue to break the law. There penalty should go up.
They could delay the ban until the recent violations come to trial. Then do a ban once they’ve been found guilty again.
Well, if they don’t like how they are treated over here, they are more than welcome to not sell phones here!
Also google should get punished for creating the android OS using stolen IP and helping photo copiers like Samsung and other play dirty and unfair games
Anyone who feels Samsung should get a waiver has no understanding of what is going on.
Articles on this subject have been going around for a few days. Reading the comments by phandroids/Apple haters continually bringing up “rounded corners” is laughable. Just goes to show how little they know about patents or the current state of patent related litigation
Obama is already overturning the US constitution, so he can do just about anything and the libturds will worship his half-black ass and slurp what what comes out from it.
Ahhh, Mcman — a true shining light of inspiration. If only we could have a fine, noble and beautiful soul such as yourself as president!
It seems to me that much of this could be avoided if patents that were declared as “standards-essential” could be removed from administration by their owners and given (for licensing and defense purposes) to an independent body which could fairly handle such things. It seems that some large corporations and some governments have lost the ability to make sense of the words on the paper; taking this kind of thing out of the hands of Samsung, IBM, or any other standards-essential patent holder, would at least clear the noise from the playing field, and leave the patents that are distinguishing to be properly viewed.
(And my prediction is that Mr. Obama WILL grant a veto; since he has neither a technical nor a business background, and since his style seems to rely more on his own feelings rather than gathering and listening to competent advisers, I believe that he will err on the side of what he wrongly believes to be “fair.”)
I am very happy to be proven wrong here. The Obama Administration did the right thing here.
Never anything Samsung every again.