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President Obama has vetoed the US import ban on Apple’s wholesale distribution iPhone 3G, 3GS, 4, iPad 3G and iPad 2 3G models which was imposed by the ITC this past June. Apple’s products were found to be in violation of Samsung’s 7,706,348 patent which dictates a “method for encoding/decoding a transport format combination indicator (TFCI) in a CDMA mobile communication system.”
While this is not the first time the ITC has issued an import ban on a smartphone or tablet, it’s the first time the US President has stepped in to overrule the ITC in recent history. In the letter to Irving A. Williamson, Chairman of the ITC the author admits that the decision to veto the ban was made because its ”effect on competitive conditions in the U.S. economy and the effect on U.S. consumers.”
We could spin the story a thousand different ways, but we thought it would be best to leave that up to you in the comments. What’s your take on the Obama Administration’s wholesale distribution decision to allow Apple to continue selling products in the US which the ITC found to be in clear violation of Samsung’s patent?
Nick is a tech enthusiast who has a soft spot for HTC and its devices. He started HTCsource.com (the first HTC blog) back in 2007 and later joined wholesale distribution the Android and Me family in the summer of 2010. Tagged # apple versus samsung # ITC # Obama # patenr wars # patent wars # president obama # Samsung versus Apple
98 redraider133 2 months ago
Don’t worry, the ITC can still issue import bans on non-US companies like Samsung and HTC. The ITC even held up imports HTC phones last year after they had complied wholesale distribution with the ITC ruling and changed their software.
You really need to take a look at the US constitution some time. The president doesn’t have the power to change patent rules. This is not a patent issue but an ITC issue which happens to be about a patent.
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Not surprising that you got down-voted. Fact of the matter is, Samsung is guilty of abusing its SEP’s. It wasn’t Obama that stepped in anyway, like the article fails to mention (among other things), it was U.S. Trade Representative Michael Froman. Not to mention the many tech giants like Microsoft (that should tell you something), wholesale distribution Oracle, Intel, AT&T, Verizon, and others who were against the ban because wholesale distribution of the SEP’s involved. It shouldn’t surprise anyone by now how shady Samsung can be.
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Actually all three of you are idiots. apple has been abusing the patent system on your country for years trying to fight Androids dominance (Motorolla has felt apple’s lawsuit wholesale distribution knife once or twice).This was an attempt to teach a pathetic bully a lesson wholesale distribution once and for all, give the bully (apple) a bloody enough nose and they will think twice about launching lawsuits. wholesale distribution It’s not that truth hurts its that you three idiots cant see the truth.
The thing is apple tried to pay about nothing for the patents hence why no deal was made, yet apple wanted what like $30-40 wholesale distribution per Samsung device. wholesale distribution Yeah it’s different patents but why should apple get any special treatment wholesale distribution when it comes to what they have to pay for patent use?
@redraider1 Whether or not Apple refused to pay for these particular patents is debatable, but an import ban on such patents is ludicrous and should wholesale distribution never be met with a ban by WHOEVER asks for such a request.
FRAND patents are not the same as Apple’s design patents that they were asking “$30-40 per Samsung device.” It sounds crazy, but Apple has no limitation on how much they decide to charge for their design patents, like it or not.
I think you are all getting wholesale distribution confused at what I am saying judging by how badly I have been down voted. I simply think it is very anti-competitive/innovative wholesale distribution to BAN devices for FRAND patents that are industry standard.
The thing is, if you have at all been following the FRAND issue between these two over on Groklaw, you would see that Samsung has tried to negotiate reasonable fee’s for their intellectual property. Apple just refuses to pay anything at all, and are pulling wholesale distribution the FRAND card to say that Samsung isn’t offering the patent’s at a fair price. I’m not a Samsung fan in any sense, TouchWiz is an abomination. maybe you should get some additional background on the ENTIRE case instead of ranting about FRAND and SEP’s and how other’s are being ignorant.
haha, anytime ;)
I keep wondering if this is exactly why Google had Motorola build the Moto X in the USA. There’s no way for the ITC to ban imports on the device if Moto doesnR