I'm still unclear about what this is actually all about. So Samsung has a patent on something related to 3G GSM technology that Apple used in early versions of the iPhone and iPad. Did Apple refuse to pay royalties on this patent or did Samsung refuse to license it? Did Samsung offer to license to Apple but at rates far higher than other licensees were paying? Is this patent really subject to FRAND or not? Why has this gotten to this point? Who's really the bad guy here? Apple or Samsung?
From what I see, as long as the courts refuse to define 'Fair and Reasonable' its a big lawyer fest. If Samsung owns the SEP patent it thinks a high price is 'fair and reasonable.' Apple doesn't think that's fair at all and proposes its own low price as 'fair and reasonable.' Samsung of course does not agree with that. Vice versa if its Apple that owns the SEP patent
Neither side budges.
Who is right?
It depends on what your definition of 'fair and reasonable' is
Apparantly the ITC reacts much quicker than the courts, but it is not actually a court- it cant impose any penalties other than either banning, or not banning.
It strikes me a little bit like a court where the only option the judge has is to listen to both sides for 10 minutes and then either shoot someone or not shoot them. So if someone commits a minor crime, or even a medium one, is the punishment too severe for the crime?
It sounds to me like there was a lot of merit in overturning this one. Did Apple skimp out on Samsung and not negotiate in full faith? Probably a little bit, they tend to know what they can get away with :) But does the punishment of banning them fit the crime? A lot of prior rulings seem to indicate that it did not and was excessive on the ITC's part.
In that sense it is a good overturn. If the general sentiment is true that it can start a 'tit for tat' war between nations and the ITC as well as generally promoting the notion that SEP patents are worth less than non SEP patents there's a danger there as there will be little incentive to pursue SEP
Edited by Frood - 8/3/13 at 4:18pm