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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this was totally expected
by kristoph on Sun 4th Aug 2013 02:59 UTC
Member since:

As I wrote in my previous post on this matter it would have been shocking not to have the Obama administration intervene.

The idea that a company, really ANY company, can use the ITC to ban the import of products into the US, rather then simply sue to recover damages, is fundamentally dangerous. In theory it should sometimes be allowed to save a company from ruin but it is clearly not the case here.

Even if we agree/disagree on who is the guilty party (or if there is a non-guilty party) we should all be able to agree that patents should never be use to destroy competing companies. In this case, Apple obviously would not have been destroyed, but if Samsung got this ban against Apple why not a smaller manufacturer who might simply not be able to last through a subsequent lawsuit..

Thom, as usual your using bias to cloud your argument. When the judgement in a lawsuit went against Samsung you went after a juror yet here, even though numerous jurisdictions have said this is a SEP, you focus on the position of the ITC ignoring counter arguments. I personally believe it's a SEP but you know what, whatever it is, it can be settled in a court and Apple can be made to pay the fees if need be, there is no need for a ban here, or in most other cases of this type.

Edited 2013-08-04 03:04 UTC

Reply Score: 5

v RE: this was totally expected
by Tony Swash on Sun 4th Aug 2013 15:32 in reply to "this was totally expected"
MOS6510 Member since:

The logic is simple and not about patents. It's about certain companies being evil and others being the good guys. Patents are just a way of "proving" Apple is evil. If there were no patents something else would be brought up. Even if Apple does a good thing someone will come up with a reason why it's actually with evil intent or the good guys forced Apple to do something good.

It used to be Microsoft/Windows vs Linux, now it's Apple vs Android.

Reply Parent Score: 2

jigzat Member since:

I couldn't have said it better, but there is something more about this decision, and is that Obama's administration is trying to strength USA industrial production and that means taking side with Apple.

It wouldn't have sense to affect Apple at the same time they are trying to set some factories inside the country and the government is trying to convince them into bring some cash back.

Now regarding the patent system of course there is something wrong but it is a necessary evil. An industrial world without such system would be a chaos, the companies would began acting like states during the cold war, the industrial espionage would be even worst and companies will get to the point of attacking and sabotaging each other.

Reply Parent Score: 2