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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No this is good
by jphamlore on Sat 3rd Aug 2013 22:23 UTC in reply to "This is plain bad"
jphamlore
Member since:
2011-02-15

On the other patent front, Apple's lawsuits against Samsung are going basically nowhere as far as extracting any cash from Samsung. What the US is doing is basically declaring the battle a draw and strongly hinting that both sides should settle, especially since they have already agreed to work together to pay for Samsung's state-of-the-art 14nm fabs according to the Korean press.

The only thing keeping this battle going is Apple would lose a tremendous amount of face if they would ever admit they're not getting one cent from Samsung in tribute. But if Cook had settled like he should have had when he first took over, that would have been forgotten by now instead of being a continuing festering wound.

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