Linked by Thom Holwerda on Sat 3rd Aug 2013 20:34 UTC
Legal The Obama administration:

After extensive consultations with the agencies of the Trade Policy Staff Committee and the Trade Policy Review Group, as well as other interested agencies and persons, I have decided to disapprove the USITC's determination to issue an exclusion order and cease and desist order in this investigation.

Lots of talk about SEPs and FRAND in Obama's decree, which means that the Obama administration contradicts everything the ITC has said. To freshen your memory, the ITC ruled that not only was the patent in question not a standard essential patent, but Samsung's offer was actually proper FRAND:

Additionally, the Commission found that there were still disputed issues concerning the patent at issue was even actually essential to the standard (and therefore whether a FRAND or disclosure obligation applied at all).


The Commission analyzed the history of negotiations between Apple and Samsung (this portion is heavily redacted) to see if Apple showed that Samsung failed to negotiate “in good faith,” and found that Apple failed to do so. Notably, the Commission dismissed Apple’s arguments that (1) Samsung’s initial offer was so high as to show bad faith, and (2) Samsung’s attempts to get a cross-license to Apple’s non-SEPs violated its FRAND commitments.

In other words, the Obama administration threw out virtually everything the ITC has said in order to protect Apple. This effectively means that American companies can infringe on non-American companies' (standard essential) patents all they want, because the president will simply step in if they try to fight back.

So, I was wrong. I expected the Obama administration to be impartial and not give such a huge slap in the face of the ITC - as cynical as I usually am, I can still be naive. Protectionism is more important to the POTUS.

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The incompetence of the tech press
by jphamlore on Sat 3rd Aug 2013 21:05 UTC
Member since:

This whole affair just shows the incompetence of the tech press. These maneuverings before the ITC to get import bans are hardly new. Why just around the 2007 time frame Nokia and Qualcomm were engaged in a patent battle that dwarfs the impact of anything Apple versus Samsung will have, especially since reports are Apple is going to go back to Samsung starting in 2015 for Samsung's 14nm expertise.

Where were you when Nokia paid Qualcomm a lump sum payment of about $2.3 BILLION USD, a sum far larger than anything Samsung or Apple would ever pay each other?

Doesn't that seem the slightest bit unusual or noteworthy when one company is paying a mortal enemy the sum of $2.3 BILLION USD? And then that company abandons one of its core competencies, selling off its mobile wireless modem business:

Nothing noteworthy to see there? Then two years later the company who paid out the unprecedented lump sum payment is forced to convert its phones to use both the ARM SoCs and the LTE baseband chipsets of the company it paid all that money to. Nothing noteworthy to see there?

This is just irresponsible incompetence of the entire tech press to miss the truly important stories.

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