“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.
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