Microsoft sues U.S. Customs for failing to enforce Google phone ban

“Microsoft Corp. filed a lawsuit today accusing U.S. Customs officials of refusing to follow a trade agency’s order to block imports of phones made by Google Inc.’s Motorola Mobility unit,” Susan Decker and Tom Schoenberg report for Bloomberg.

“The U.S. International Trade Commission in Washington issued the import ban in May 2012 after deciding that Motorola Mobility devices infringed a Microsoft patent for a way mobile phones synchronize calendar events with other computers,” Decker and Schoenberg report. “U.S. Customs and Border Protection, after having secret meetings with Google, continued to let the Motorola Mobility mobile phones enter the country even though Google has done nothing to remove the feature at the heart of the ITC case, Microsoft said in the complaint.”

“‘Customs has a clear responsibility to carry out ITC decisions, which are reached after a full trial and rigorous legal review,’ Microsoft Deputy General Counsel David Howard said in a statement. ‘Here Customs repeatedly ignored its obligation and did so based on secret discussions,'” Decker and Schoenberg report. “Motorola Mobility persuaded the agency that the order didn’t apply to syncing through Google rather than Microsoft servers, and to give it a grace period to allow changes to take effect. Both of those requests had previously been rejected by the ITC, according to Redmond, Washington-based Microsoft. The ITC order is in effect until Microsoft’s patent expires in April 2018.”

“A ban on some older models of Apple Inc.’s iPhone is scheduled to take effect Aug. 5 unless it’s overturned by President Barack Obama or put on hold pending appeal,” Decker and Schoenberg report. “The models were found to infringe a Samsung patent for a way data is transmitted [U.S. ITC rewarded Samsung’s FRAND abuse – MDN Ed. (shakes head)] . On Aug. 1, the agency is scheduled to announce whether it will order an import ban on some models of Samsung’s phones based on patent allegations filed by Apple.”

Read more in the full article here.

MacDailyNews Take: The “system” is broken.

31 Comments

        1. Imagine Apple and Microsoft working together to wipe out the abuse of both Apple and Microsoft technology that has been perpetrated by Google.

          And no doubt someone would pull a puppet string at the DOJ to induce them to call it monopolistic behavior, as opposed to justice and competition.

          Doesn’t anyone else smell the stench of cognitive dissonance in the air? (The concept, not the MDN member). Or is that merely hypocrisy? It seems be be wafting from the direction of my government.
          :-Q*******

          https://en.wikipedia.org/wiki/Cognitive_dissonance

  1. Dereliction of Duty. Just like Obama’s failure to enforce federal immigration law because he needed those votes from non-citizens in order to get reelected. Worst U.S. President ever.

    1. Can’t vote unless you are a citizen. That’s part of the privilege and duty we have a citizens. So I don’t think he got all those votes from illegal immigrants. Must have gotten them all from citizens registered as voters.

    2. The US is populated by non-aboriginals who, at one time or another, all came from somewhere else in the world. Many came WithOut Papers (WOP’s) and were knitted into the fabric of the land. You, yourself are likely not descended from the original inhabitants or likely not from those who came across on the Mayflower. If you were to look back in your past, I think you would find out that you are descended from ‘illegals’.

      1. My ancestors came here legally. In fact, I even have some Seneca blood running through my veins. My european ancestors came right through Ellis Island, legally, thanks.

        Not swimming across the Rio Grande, illegally, or hopping over fences, illegally, like Mexican jumping beans.

        1. You should be flattered that people want to live in your country. Immigration brings cultural benefits and immigrants generally do work that your own nationals deem to be too low paid to bother with. Not sure what any of this has to do with an import ban on phones not being enforced. The US obsession with issues like immigration and health care is weird.

        2. So, now you can sit pretty and look down your nose at anyone else who enters the US without the paperwork done, especially if they don’t speak English well or look like you. Aren’r you special!

    3. Worst U.S. President ever.

      After GW Bush, that is.

      Two parties, two corrupt presidents. I plague on both your parties. No First… Then… thank you. We need a whole new revolution back to the source of the USA with no infection from either gang of thieves and cons.

  2. Apple should sue its own fscked up lawyers for consistently losing every single case they have been involved in, incompetent assholes.

    1. Sorry to bother you, but is that your LOGIC on the floor? It looks a bit trampled.

      There’s a hellofalot more going on with Apple’s entirely justified lawsuits than Apple’s lawyers. Judge Koh springs to mind.

      But I would agree that Apple’s lawyer’s don’t appear to be vary savvy to the scamtastic mess that is the current US government justice system. 😯

        1. miracle? I would call it the DUTY of your elected representative, which none of them have done in over 60 years from EITHER corrupt party.

          … and you should know that the party of the elephant you display is responsible for more wasteful spending than the idiot democrats are.

          Where does it all go? Here:

  3. I realize you are frustrated, but condemning Obama for a system he didn’t create (remember, every recent President, Republican or Democrat, let this system stand) then bringing in the failure to enforce immigration laws as making him the worst president shows appalling lack of knowledge about some of the miserable people who held our highest office. How about Richard Nixon, who lied, cheated then tarnished the who country when he got caught and had to resign? How about Tyler, Buchanan and Millard Fillmore who supported the spread of slavery leading to the bloodiest war in US History? How about Herbert Hoover, whose stupid policies worsened the Great Depression – 12 years of absolute horror and misery. How about Warren Harding, whose administration was so corrupt, his buddies looted the Treasury even. And of course, the guy who started 2 costly wars, ignored the one that counted, let contractors enrich themselves at the cost of 4000+ American lives, pass 2 tax reductions, pass the largest unfunded Medicare expansion since the program began (part D), being “pro Business” by not having the government closely oversee companies/banks allowing World Com bankruptcy, Enron bankruptcy, housing bubble and finally bringing the country to it’s knee with the worst depression since 1929?

    Obama is not my favorite but I don’t think he could crack the top 10 worst presidents.

    Finally, it is Congress and Senate that pass the laws, not the President. We need to lobby our Senators and Congressmen to get this stupid trade situation changed rather than looking for someone else to blame for doing nothing.

    1. 1. IRS targeting citizens based on political affiliation. (Try real hard to imagine a Republican president doing such a thing to Liberal groups. It would never happen, but if it did, try to imagine him not being impeached and hounded out of office by now.)

      2. Lying about the death of four Americans in Benghazi in order to get reelected. (Try real hard to imagine a Republican president doing such a thing. It would never happen, but if it did, try to imagine him not being impeached and hounded out of office by now.)

      3. NSA overreach and data collection that was used by the campaign for Obama’s reelection and God knows what else. (Try real hard to imagine a Republican president doing such a thing. It would never happen, but if it did, try to imagine him not being impeached and hounded out of office by now.)

      4. Obama’s DOJ secretly collecting phone records of several Associated Press reporters and editors. (Try real hard to imagine a Republican president doing such a thing. It would never happen, but if it did, try to imagine him not being impeached and hounded out of office by now.)

      5. Obama’s DOJ searching Fox News reporter James Rosen’s private emails and the Obama administration fighting to keep the search warrant for Rosen’s private e-mail account secret. (Try real hard to imagine a Republican president doing such a thing to, say, CBS News. It would never happen, but if it did, try to imagine him not being impeached and hounded out of office by now.)

      Nothing will come of any of this because Obama is the U.S.’s “First Black President” and a Democrat (supposedly) and therefore every failure (far too numerous to list here – Obamacare being the biggest) will be whitewashed to death and pooh-poohed away. History will be revised – or the Lib “historians” will attempt it at least – and he will never be overly criticized or held accountable for his very large failures and crimes by either the mainstream media or the justice system. If he wasn’t half black, just some other white guy, he’d be ranked below Jimmy Carter and begging blithering Biden for a pardon.

  4. Wow. I gotta get the beer and chips to watch this one.

    Private business going to sue the government…
    Couldn’t have happened to a better company. Good luck Microsoft.

    You will never win… Well you might in 2024.

    Scariest thing to hear when you open your front door,
    “I’m with the government, we’re here to help you.”

  5. Dear God I am sick of the frightening political garbage that has polluted this site since nineteen canteen. I won’t tell you what my politics are because IT’S A COMPUTER ORIENTED WEBSITE. Away and throw shite at the moon.

  6. As an Independent with Liberal leanings… there is a boatload of misinformation in here.

    It’s unfortunate. Not sure if this is the right venue for this type of political vitriol and chest thumping.

    Calm down kids.

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