“The South Korean government on Monday expressed concern over the Obama administration’s decision to veto an import ban on some Apple Inc. products in the U.S., saying the decision may negatively impact Samsung Electronics Co.’s patent rights,” Min-Jeong Lee reports for The Wall Street Journal.
“In a statement, the government said it would closely watch the U.S. International Trade Commission’s decision Friday, when the trade body is expected to decide whether to ban U.S. imports of certain Samsung Galaxy mobile products following an earlier Apple complaint alleging patent violation,” Lee reports. “Should the ITC decide to ban the Galaxy products subject to the decision Friday, legal experts say Samsung may opt to lobby for a similar veto. The products that are subject to a ban include Samsung’s older models such as the Galaxy S, Galaxy S II and Galaxy Tab 10.1, among others.”
“More than $1 billion was wiped off Samsung’s market value on Monday after the surprise veto, with shares ending 0.9% lower at 1,274,000 won [$1.133 billion]. The South Korean company declined to provide comments Monday on what it expects from the International Trade Commission later this week,” Lee reports. “Over the weekend, U.S. Trade Representative Michael Froman made the decision to veto the ban on some Apple devices, citing concerns about patent holders gaining ‘undue leverage’ as well as potential harm to consumers a ban would bring.”
Lee reports, “Samsung is expected to continue to pursue its patent cases through various courts, though in the longer term it would make sense for the two companies to strike a royalty deal on patents, legal experts say.”
Read more in the full article here.
MacDailyNews Take: $1 billion is a drop in the bucket considering how much the thieving bastages have already stolen from Apple.
Related articles:
How the ITC blew it, forcing a presidential veto in the Samsung-Apple patent case – August 5, 2013
Apple: ‘Samsung was wrong to abuse the patent system’ – August 5, 2013
South Korea concerned about U.S. decision to overrule Apple iPhone, iPad sales ban – August 5, 2013
Obama administration vetoes Apple iPhone sales ban in U.S. – August 3, 2013
Google ready to ditch Android over its intellectual property issues? – July 29, 2013
One billion and counting… do I hear two billion?
Quoting a friend who once said, “My heart pumps peanut butter for them.”
And what about the $200Billion loss that Apple suffered at the hands of Samdung astroturfers, media biased innuendo and lies?
The thing that most articles seem to omit, is the fundamental difference in the patent types being decided upon.
The ban on Apple products was imposed based on Samsung’s SEP/FRAND patents, and that they were refusing to offer them on FRAND terms. Most specifically they demanded Apple cross license non-FRAND patents. The veto was issued not because ”merica’s protecting its own”, but because the ban never should have happened in the first place due to SEP/FRAND patent abuse.
Samsung’s potential ban, on the other hand, is for violation of non-FRAND/SEP patents. They implemented features Apple developed for their specific products, aren’t essential for operating a cellular device and aren’t pledged to any standard.
It’d be like if Bridgestone told Toyota they couldn’t put tires on their cars until they allowed Bridgestone to implement Toyota’s synergy-drive system in some new competing product.
It’s downright dishonest for anyone to try to compare the two as if they’re the same thing.
For more depth, a link from another MDN zrticle which lays it out nicely: http://tech.fortune.cnn.com/2013/08/05/apple-samsung-itc-pinkert/
Well said, Kevin, well said …..
Samsung is wrong in demanding a cross license deal of SEP’s for non-SEP’s. To me, I see the demanding of cross licensing by Samsung an admission of guilt? I know it can be argued the other way that licensing will cost both companies less than litigation. It seems Samsung knows how to play the US court system and is going to play hardball.
It’s not only wrong, it’s the ugliest form of extortion.
High-priced opinions, indeed: “it would make sense for the two companies to strike a royalty deal on patents, legal experts say.”
It would be simpler for Samsung to drop the extortion tactics.
I don’t think overturning the ban would have come as a complete surprise to Samsung.
The proper remedy for standards essential patents is not through an injunction banning the importation of the infringing product but to seek a claim for damages assessed by the court for patent royalties outstanding.
Europe already shut samsung down for trying this type thing. The judges go so pissed that even after samsung decided to just walk away from any SEP patent lawsuit, the still issued an official letter condeming Samsungs actions.
Even in the US, several government agencies have noted that you cannot do an injunction for a SEP FRAND patent.
LOL
How disingenuous of South Korean officials not to know or acknowledge that Samsung was in the wrong here and pretend as though Samsung’s patent rights were being ignored instead of being used as criminal blackmail & hold up. This case has particular SEP/FRAND vs design patent delineators that Shamdung supporters foreign & domestic try to ignore as if they are one, trying to create a sense of faux mock outrage. Nice try but everyone is on to you.
Samsung got what they deserved, NOTHING!
Apple is still owed a Billion more with there win in an actual property patent that the courts are unwilling to process and keep delaying. I hope Samsung loses a lot more in the future. There business practices have shown they are shady, unwilling to follow international standards, lie in advertising and lie in there specs to get an upper hand.
To try and blackmail Apple to hand over patents for there intelectual property namely the iPhone for a FRAND license should not have gotten to this point in the first place. The ITC had no legal basis to offer a ban on any Apple property for a FRAND license in the first place. They should be investigated for there actions.
I gave your comment 5 stars. One thing though. The word is “their” not “there”.
“Should the ITC decide to ban the Galaxy products subject to the decision Friday, legal experts say Samsung may opt to lobby for a similar veto.”
Good luck with that. Unlike the cowardly deployment of Standards-Essential Patents, which is what Shamsung tried to use to affect a ban (and was the reason they were shot down), Apple’s patents are subject to no such scrutiny.
I am sure the South Korean government will be watching what Washington will do. Just like Samsung will and has watched Apple. Samsung copies Apple at every turn and will expect the South Korean government to closely copy Washington when they have the chance and then blame Obama.
Now prosecute them for abuse of Frand patents.
The South Koreans have already used their own prejudice to hit Apple in South Korea when no other Court has supported the specific claims involved so this just establishes equality.
I have an ideas, if Shamshung wanted to copy Apple, Shameshung got to pay Apple two billion dollars for each coppies. How is that?.
This is how ridiculous all this is: the FRAND patents Samsung is claiming reside in the firmware within the baseband chip Apple buys from Qualcomm. For $11. What Samsung is asking for amounts to $16 per iPhone sold. But the real crazy thing is that Qualcomm ALREADY pays Samsung for the rights to use that patent. And that’s just part of the story.
I think the people who should be punished here are the ITC. Why in the hell did they apply an import ban over frand sep? It’s like they don’t understand the purpose of their job. Samsung just did what everyone expects of a scummy low down corrupt company but the ITC are meant to oversee this sort of thing
i have a question: do we know who the individuals are who comprised the board/panel that made the insupportable decision to ban the imports of these apple devices?
do they have any obvious connections, political or otherwise, that would have influenced them?
and just how difficult/easy would it be to ‘buy’ their favour?