Where’s the U.S. DOJ? Samsung takes extortionate position against Apple in new ITC filing

“As expected, the Office of Unfair Import Investigations (OUII, commonly referred to as the ‘ITC staff’) and Samsung oppose Apple’s motion to stay the ITC’s remedial orders over a FRAND-pledged standard-essential patent (SEP),” Florian Müller writes for FOSS Patents. “The ITC staff takes the same positions as in the build-up to the import ban, which the Commission adopted (at least the staff’s latest filing does mention Commissioner Pinkert’s dissent).Samsung’s opposition brief, which I have uploaded to Scribd, shows a serious antitrust issue that no public filing or statement by Samsung itself revealed before in such a flagrant form.”

“Now that the ITC has failed to ensure consistency of its position on tying with established antitrust principles, Samsung still doesn’t have the right to take extortionate positions,” Müller writes, “which comes down to saying: ‘Apple, you have three choices. You can pay us 2.4% on a cash-only basis. You can give us a cross-license on terms you don’t like. Or you’ll face exclusion of your older iPhones and iPads in a few weeks.'”

Müller writes, “This. Is. Hold-up.”

“The European Commission has done a far better job protecting consumers in its market. Last December Samsung withdrew all of its SEP-based injunction requests pending in the European Union. Nevertheless the European Commission issued a Statement of Objections (SO),” Müller writes. “By contrast, the DOJ has been doing nothing. At some point it has to intervene. If it tolerates this kind of extortionate conduct for much longer, some people may start to wonder whether the current U.S. government (including, in a different context, U.S. Customs & Border Protection) is more loyal to Google than to U.S. consumers and the U.S. economy.”

Read more in the full article here.

MacDailyNews Take: Where’s the U.S. DOJ? Siting around with their thumb up their collective ass when they’re not actively making bad decisions, as usual. A fish rots from the head down.

Related articles:
Samsung, EU in talks to settle antitrust case involving FRAND abuse against Apple – June 25, 2013
Japan finds Samsung guilty of FRAND abuse – March 5, 2013
FRAND abuse: Samsung could face $15 billion fine for trying to ban Apple iPhone via standard-essential patents – December 28, 2012
FTC staff said to formally recommend antitrust lawsuit against Google over FRAND abuse – November 1, 2012
Google U.S. antitrust lawsuit said to be urged by FTC investigators over Internet search, FRAND abuse – October 15, 2012
U.S. FTC investigating Google, Motorola Mobility over FRAND abuse – June 30, 2012
EU launches full-blown investigation of Samsung’s suspected abuse of FRAND-pledged patents; Motorola on notice – January 31, 2012
Apple asked standards body to set rules for essential FRAND patents – February 8, 2012
Apple’s iterative approach to FRAND abuse is not for the faint of heart, but there’s no better alternative – February 5, 2012
Motorola Mobility wants 2.25% of Apple’s sales for standards-essential wireless patents license – February 4, 2012
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


      1. The depressed economy has been a reality since at least 2000 when productivity decoupled from employment.

        And the executive branch is basically in charge of war. Congress are the ones that enact regulatory laws and mandate spending. This has been one of the least active legislatures in history.

      2. And the various DOJ, ATF, TSA, DHS, and NSA atrocities, as well as the anti-2nd Amendment stance, and militarization of our police forces? I’ve come to realize that the only explanation for all of this is that this administration has been for sale to the highest bidders for quite some time. I believe it is doing Google’s, if not Samsung’s bidding. It has been bought.

          1. Thank you, Zeke. And keep in mind, that administration went after elitist, cronies and politicians, and not in a ‘legal’ positive manner, but in a cut-throat political ‘game’.

            This administration goes after anyone, reporter, businessman, plumber, and more.


            This administration makes Nixon look good and Carter look smart,

            1. I was in law school during Nixon’s final days. I know first hand what was going on. You are correct. Nixon seems almost benign compared to this bunch.

  1. The DOJ is a fifth column communist organisation that seeks to infiltrate the government with communist leaning tendencies which literally means militating against successful AMERICAN COMPANIES.

      1. FYI, I despised the wasted time and money on the whole Monical Lewenski debacle. I hated seeing such low brow tawdry crap drug out for such a ridiculously lengthy time in the global media. I was embarrassed for my country. Clearly it spoke to the low integrity of Bill Clinton, a) for doing it in the first place while married, and b) doing it in the White House and disrespecting the office, and c) lying about it in such a pathetic way afterwards, but we already knew what kind of man he was. The circus did not help.

        What is happening with the DOJ now is very different. It is being used to bully Americans and American companies for no tangible reason other than certain people and certain companies have made the enemies list of the administration.

        1. “such low brow tawdry crap drug out for such a ridiculously lengthy time in the global media. I was embarrassed for my country”

          100% on the outageous media hysteria.

          Have not watched a day of TV ever since the Lewinsky circus.

    1. Oh my god. Here come the old folks railing about communism again. This is an old argument that doesn’t fit with the times.

      Corporatism is the issue of the past 20 years, not old talking points from the McCarthy era.

  2. Too busy worrying over whether some Hispanic violated his vistim’s civil rights. Ignoring hundreds of intra-racial shootings of the youth of Chicago. Can’t help Applebecause they are a tax chat and book monopolist. That would hurt thier friends at Amazon and Google.

  3. The answer is simple just read Bloomberg Business Week’s article on how Google and a team of Google Engineers, Mathematical Experts, and Programmers assemblied by Eric Schmidt and were mobilized in Chicago weeks before the election. Using Big Data and a 900 Billion dollar reelection budget to identify and mobilize all possible Obama voters to win the election for Obama despite what all the scientific public opinion polls (Gallup, Rasmussen, etc) where saying.

    This is the end of democracy as we have known it for the last 200+ years, Elections will now be determined by the execution of Big Data , Data clouds, algorithms , etc which will direct the use of huge piles of political monies use People Logistics to determine national and state elections in the future. GOOGLE is now cashing in on the patronage that the Obama administration owes it,. The administration through the DOJ and other government agencies will have to exert political pressure and law suits to benefit Google and that means sometimes to the disadvantage of APPLE.

    APPLE is in the difficult position of not only competing with foreign competitors who steal their intellectual property but also the US government and the Obama administration which is trying to stymie it’s growth and innovation using political power.

      1. I like Obama more than say a person like bush but what prgww says is simply true (I’m not sure of his 900 b budget number though as the total for the election was around 6 b ) . Google used it’s database expertise to help target voters.

        Obama even offered Schmidt a cabinet position in gratitude for what Google did for him during the election.

        “Mr Schmidt’s rebuttal was swift, however, as he told the Wall Street Journal in an interview yesterday: “I said last time and I’ve said again that Google is my home. I have no interest in working for the federal government”.
        Mr Schmidt played in a key role in the re-election of President Barack Obama last month, helping to oversee Google’s $700,000 donation to his campaign.”

        With google’s close connection to Govt. Apple is going to have more ‘Tax’ ‘Anti trust’ etc stupid investigations.

        Doubtless Apple’s ‘Designed in California’ is partly politically motivated.

          1. @ botvinnik

            you call me an idiot yet you don’t refute the facts. so who is the real idiot?

            Here’s more:
            Business week:

            “During the 2012 campaign, Barack Obama’s reelection team had an underappreciated asset: Google’s (GOOG) executive chairman, Eric Schmidt. He helped recruit talent, choose technology, and coach the campaign manager, Jim Messina, on the finer points of leading a large organization. “On election night he was in our boiler room in Chicago,” says David Plouffe, then a senior White House adviser. Schmidt had a particular affinity for a group of engineers and statisticians tucked away beneath a disco ball in a darkened corner of the office known as “the Cave.” The data analytics team, led by 30-year-old Dan Wagner, is credited with producing Obama’s surprising 5 million-vote margin of victory.”

            “The core analytics team from President Barack Obama’s reelection campaign, led by 30-year-old Dan Wagner, is forming a new consulting company with financial backing from Google’s executive chairman, Eric Schmidt. “The plan is to bring the same Big Data expertise that guided the most expensive presidential campaign in history to companies and nonprofits. ‘The model of innovation in technology are these very young teams that have a brand-new idea, like each other, and work incredibly hard,’ says Schmidt. ”

            you can get similar article from all the big news magazines.

            The only rebuttal that schmidt, Google and the Obama admin had was that Schmidt did it ‘PRIVATELY ‘ without any direct input from Google …
            ( does anybody believe that?)

  4. As I’ve said previously:

    As soon as you insert that NSA code into iOS, Apple, you’ll start winning all kinds of court cases.

    (Brought to you by Carl’s Jr.)

  5. What a bunch of nuts on this forum. Obama controls all you say? Hell he cannot grt anything past the tea party house. You nuts think the stock market has reached record high in spite of the all powerful commie in the white house? You think he pulls the strings and yet most US corporations hide most of thier taxes from the powerful Obama and his socialist government. Look around, the USA is the same country it has been for a generation. If you do not like America you are welcome to leave. Lookout for the black helicopters!

    1. Dude…the market is doing well because the Fed is pumping our grandchildren’s future into it to keep corporations fluid.

      Our economy has lost is foundation.
      ObamaCare will be like an earthquake to the Leaning Tower of Pisa.

      Yes, keep paying attention to that yellow journalism behind the curtain of racism, gun control, abortion, and immigration.
      It keeps us from seeing the real news…..

  6. Solution – Only sell US-made products in US, and foreign-made products in the rest of the world! And if a product isn’t available in the US for a while, maybe voices will be heard by Washington to fix the problems.

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