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08-01-2013, 10:48 PM #1
ITC Delays Ruling on Potential Samsung Product Ban until August 9
The U.S. international Trade Commission recently filed an extension of its decision on whether Samsung infringed on certain Apple patents, a claim that could see a sales ban of products made by Samsung. Although the ITC didn’t offer an explanation as to why it was extending the decision, which was scheduled to be handed down today, the body noted in the filing that a final ruling will be delivered on August 9.
As noted by CNET, the rescheduled date falls on the same day that both Apple and Samsung are slated to meet for oral arguments related to the landmark Apple vs. Samsung trial that found Samsung in violation of a number of Apple’s patents. The ITC review stems from a patent countersuit by Apple which was lodged in July 2011, which itself was a response to a Samsung complaint against the iPhone, iPad and iPod.
Presiding over the Apple case was Judge Thomas Pender, who issued an initial determination against Samsung in October. The ITC agreed to review all aspects of the case in January upon request of both parties, subsequently remanding two Apple patents back to Judge Pender. After the remand initial determination was issued, the Commission determined to review the ID and RID, asking for briefs from the parties, interested government agencies and the public.
Based on the recent ITC filing, the August 9 completion date will bring an end to the months-long proceedings.
Source: CNET, Scribd
08-02-2013, 04:16 PM #2
so Samsung and apple products will get banned? lol
08-03-2013, 05:07 PM #3
Obama's administration needs to step in and overrule the ban. The precedent that's to be set here is bad for everyone. SEPs (standard essential patents) should never be allowed to be levied as weapons to force unfair licensing deals. Those standards are created when, and only when, all patent holders agree to FRAND (fair, reasonable, and non-discriminatory) licensing of the patents involved. By design the ITC isn't concerned with FRAND licensing and the ban is solely based on the infringement resulting from the non-FRAND demands being made of Apple. There needs to be a change in ITC rules that takes SEP and FRAND disputes into account before a ban can be issued. Even then, the dispute will eventually get resolved when a settlement is reached or the court decides on fair terms. In the meanwhile, the damage this ban will do is irreversible and fair too wide reaching. That is why key industry players like Intel and Microsoft are stepping up to support Apple and urge against the ban.
Woo hoo! A victory for the industry. The Obama Administration just announced the would veto the ITC ban. Great job Mr. President. You made the right call.
Last edited by politicalslug; 08-03-2013 at 05:11 PM.They can have my jailbreak when they pry it from my cold dead fingers.