Originally Posted by Gatorguy
Apparently other posters are unaware that Apple is likely guilty of infringement. If not the ITC wouldn't be asking these questions at this stage. The problem the ITC is having now is whether to issue an injunction despite the recent pressure from other agencies not to.
In a nutshell the ITC already knows Apple is guilty but now what are they gonna do about it? It sets the stage for several other cases to come. If they don't issue an injunction on some Apple products they become a toothless tiger is some respects since that's the only cure they can offer. On the other hand if they do order one they're inviting an intervention and perhaps rewrite of the section 337 rules that gave them that power in the first place.
You always seem to take the anti-Apple slant to things without talking about the negative impact on any other parties. Also, I am not sure how you come your opinion based on the information presented. You would have to explain your opinion better to not come off as purely trolling.
My basis of understanding of FRAND is this
Based on my what I am reading, as a reasonable person, seeing what has happened in Europe with Mot/Goog Frand patents, the more likely scenario is that Samsung tried to apply unfair and unreasonable fees as applied to this/these patents to try to stick it to Apple. Or maybe Samsung tried to double dip on this patent, licensing it to the chip company so people who bought the chip should be covered in the ability to use the patent but trying to collect an extra fee from Apple, unreasonably. This second scenario is more likely since Apple was cleared of infringement on first look by the ITC judge. It is likely that Samsung then threw something else into the fray to get the ITC to review the decision. Not being an attorney and not being a patent attorney, this is all speculation on my part. An issue for Samsung is that if they are trying to collect an unreasonable fee, could they be sanctioned and fined by the ITC for this?
Reason for the additional delay could be several besides finding Apple guilty of infringement. Some new documents related to the case came to the commission late. Maybe the sides are close to an agreement that would put off any reason for the ITC to rule. Or maybe they are trying to decide how much to fine Samsung if they think they were trying to double dip. A hefty fine could put a stop to companies trying to double dip or hold up other companies for using FRAND patents.
At least this is my non lawyer interpretation of all of this. YMMV. Apple isn't always right but they aren't usually always wrong.