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Product ban looms for Samsung in patent spat with Apple

post #1 of 46
Thread Starter 
An ITC import ban on some older models of Samsung smartphones will go into effect at 12 a.m. Eastern on Oct. 8, unless the Obama administration vetoes the action as it did for Apple.

ITC


The ban, which stems from August's International Trade Commission determination that Samsung infringed two Apple patents, is not expected to be vetoed by the executive branch, according to Bloomberg. A similar ITC ban on some of Apple's iPad 2 and iPhone 4 devices was overturned in August.

The federal government has gone to great lengths to stress that the decision on whether to veto the ban will be made on the merits of the case, rather than geopolitical interests. U.S. Trade Representative Michael Froman said he has made clear to representatives from both Samsung and the government of South Korea that the outcome would have "nothing, zero, to do with the nationality of the parties involved."

In an Aug. 28 letter to Froman, Samsung called the patents' effects on the company's handsets "trivial," according to Law360, and said that the ban was "neither fair nor equitable" since the patents in question "cover small, insignificant features of complex electronic devices."

"The world is watching how Samsung is treated by the United States in this 'smartphone war' and the administration has a significant interest in avoiding the perception of favoritism and protectionism toward U.S. companies," Samsung wrote in the full-throated defense.

Apple and Samsung are involved in contentious legal battles around the world -- even as Samsung's component division remains a major Apple supplier -- with Apple accusing the South Korean electronics giant of patent infringement and outright copying of device designs and features. Apple won a landmark $1.05 billion verdict against Samsung last year, though the damage award in that case is headed for a retrial next month.
post #2 of 46

Obama had better not veto this!

 

Even though the ban only applies to some older models, it should still go into effect, as it's a matter of principle, and Samsung needs to be smacked down!

post #3 of 46
Before we get stupid political comments from the usual suspects ...

Of course he won't as they are not comparable situations.
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Enjoying the new Mac Pro ... it's smokin'
Been using Apple since Apple ][ - Long on AAPL so biased
nMac Pro 6 Core, MacBookPro i7, MacBookPro i5, iPhones 5 and 5s, iPad Air, 2013 Mac mini.
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post #4 of 46
Sorry, gov't is shutdown.. don't expect a veto lol.
post #5 of 46

The ban is also "neither fair nor equitable" because it arrives so late--long after Samsung has profited handsomely from infringing on Apple's intellectual property.

 

Q: If the features were so small and insignificant, why did Samsung copy them?

A: Because it was significant that Samsung sell products that had every possible feature of Apple's.

post #6 of 46
It's funny, it's like no one noticed that they copy everything.
post #7 of 46
Oh Sammy, SEP are different than regular patents.
post #8 of 46

Obama will stop ban.

Then Obama will remove troops from South Korea.

Good deal Mr Shin?

post #9 of 46
12 a.m. is what exactly? midnight or noon?
post #10 of 46
Quote:
Originally Posted by draugminaion View Post

12 a.m. is what exactly? midnight or noon?

 

Not sure if this question is serious or not, but ...

 

Midnight = 12 AM

Noon = 12 PM

post #11 of 46
Quote:
Originally Posted by draugminaion View Post

12 a.m. is what exactly? midnight or noon?

 

12 a.m. (or midnight, if you prefer) is the beginning of the day, and 12 p.m. is noon. Think of the 2400 hour clock where 0100 is 1 a.m. and 1300 is 1 p.m.    :)

See, in the record business, you can show someone your song, and they don’t copy it. In the tech business, you show somebody your idea, and they steal it. (Jimmy Iovine)
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See, in the record business, you can show someone your song, and they don’t copy it. In the tech business, you show somebody your idea, and they steal it. (Jimmy Iovine)
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post #12 of 46
Quote:
Originally Posted by draugminaion View Post

12 a.m. is what exactly? midnight or noon?

 

really.

post #13 of 46
Quote:
Originally Posted by sog35 View Post
 

 

really.

 

Surprisingly in Europe most people consider noon to be 12am.  I have never heard a good explanation as to why.

post #14 of 46

Apple patents are not FRAND, whereas Samsung's are.

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post #15 of 46

It's times like these I wish Groklaw was still updating. Just when all the patents trials and rulings are starting to show who the real criminals are and PJ shuts it down.

 

Too bad. It would have been interesting to hear their spin on all the latest setbacks for Google/Motorola and Samsung and all the wins for Apple and MS.

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post #16 of 46
Quote:
Originally Posted by tarfungo View Post
 

 

Not sure if this question is serious or not, but ...

 

Midnight = 12 AM

Noon = 12 PM

 

IOW 

Midnight = 12 AM = 12 Ante Meridiem = 12 before noon.

and

Noon = 12 PM = 12 Post Meridiem = 12 after noon.

 

But when it's 12 hours before noon it's also 12 hours after noon isn't it?

So midnight = noon?

post #17 of 46

I gave up on Groklaw when the anti-apple crowd came out during the Apple-Samsung trial.

post #18 of 46
"The world is watching how Samsung is treated by the United States in this 'smartphone war' and the administration has a significant interest in avoiding the perception of favoritism and protectionism toward U.S. companies," Samsung wrote in the full-throated defense.

This is a laugh since Korea highly favors anything Samsung or Korean. Samsung is all gimme, gimme, gimme as usual. With the US Gov't is shutdown so may be unlikely to help Samsung this time around.
post #19 of 46
I hope there is no veto on this issue. Mr. Obama has a lot more to worry about than a third rate copycat.
post #20 of 46
I know it's off topic, but the whole 12am 12pm thing has always irritated me.

11.58am... 11.59am... 12.00pm

Just sayin.
post #21 of 46
If Samsung wants to see if the government is fair just go back to the other time they were facing a ban and Reagan vetoed it. So if this one gets upheld (no veto) then Samsung will be even with one win and one loss.

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post #22 of 46
Quote:
Originally Posted by Apple ][ View Post
 

Obama had better not veto this!

 

Even though the ban only applies to some older models, it should still go into effect, as it's a matter of principle, and Samsung needs to be smacked down!

 

His decisions don't cater -- as they shouldn't -- to your types (politically-speaking) anyway.

 

And when you say 'better not,' what exactly do you mean? If he does, then what are you planning to do?

post #23 of 46
Quote:
Originally Posted by weejock View Post

I know it's off topic, but the whole 12am 12pm thing has always irritated me.

11.58am... 11.59am... 12.00pm

Just sayin.
So it should be 11:59am... 12.00am then 12:01 pm?

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post #24 of 46

Correct me if I'm wrong, doesn't the ban extend to newer products with similar usage of the patent(s) in play. I seem to recall that Fosspatents said the ITC ban would apply to any Samsung device that uses the patents absent an agreement with Apple.

post #25 of 46
On topic though, what happened to the possibility that this case would be extended to cover more recent samsung products? As far as I know, the patents involved are still in use on current models.

I'm sure I read a whole ago that there was a case being made to extend this so it would apply not only to products that were already released when the case was filed, but to all products that incorporated the patents.
post #26 of 46
Quote:
Originally Posted by EricTheHalfBee View Post

So it should be 11:59am... 12.00am then 12:01 pm?

Yes. Yes it should.

Really though, we should just get a move on and switch to decimalised time...
post #27 of 46
Quote:
Originally Posted by ronn View Post

Correct me if I'm wrong, doesn't the ban extend to newer products with similar usage of the patent(s) in play. I seem to recall that Fosspatents said the ITC ban would apply to any Samsung device that uses the patents absent an agreement with Apple.

Snap.
post #28 of 46
Quote:
Originally Posted by weejock View Post

I know it's off topic, but the whole 12am 12pm thing has always irritated me.

11.58am... 11.59am... 12.00pm

Just sayin.

 

Why does this irritate you? 

post #29 of 46
Quote:
Originally Posted by AppleInsider View Post

An ITC import ban on some older models of Samsung smartphones...

"Older Samsung models" could be ones they released 3 months ago considering how many new models they release.

post #30 of 46
Quote:
Originally Posted by weejock View Post


Yes. Yes it should.

Really though, we should just get a move on and switch to decimalised time...

 

That would still be incorrect. "Twelve ante meridiem (before midday)" is impossible, as Twelve IS midday. If you want to get picky, it should be:

 

11:58am... 11:59am... 12:00m (meridiem)... 12:01pm...

post #31 of 46
Quote:
Originally Posted by weejock View Post

Yes. Yes it should.

Really though, we should just get a move on and switch to decimalised time...

Perhaps this is why starfleet went to star dates.
post #32 of 46
Quote:
Originally Posted by Pendergast View Post

That would still be incorrect. "Twelve ante meridiem (before midday)" is impossible, as Twelve IS midday. If you want to get picky, it should be:

11:58am... 11:59am... 12:00m (meridiem)... 12:01pm...

I accept your solution. Now, to tell the world!
post #33 of 46
Originally Posted by weejock View Post
Yes. Yes it should.

Really though, we should just get a move on and switch to decimalised time...

 

Ludicrous nonsense. Both parts. I keep a metric clock as a joke only.

 

I suppose you’d prefer a decimalized year, too? How would you go about that?

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post #34 of 46
Quote:
Originally Posted by Tallest Skil View Post

Ludicrous nonsense. Both parts. I keep a metric clock as a joke only.



I suppose you’d prefer a decimalized year, too? How would you go about that?

We had a decimalised year. Bloody egotistical roman emperors adding in extra months...

EDIT
Scratch that. There's a fact I've never looked into since I was misinformed in primary school. For more information on the crazy Romans:
http://www.infoplease.com/spot/history-of-august.html
http://en.wikipedia.org/wiki/Roman_calendar#Months

Anyway, I'm sure we can come up with a new way. A better way.

What were we talking about again?
Edited by weejock - 10/7/13 at 2:34pm
post #35 of 46

I agree with all you guys who find 12:00 AM/PM confusing.  Once I learned to use the 24 hour clock the problem vanished, at least for me.  

 

The only solution I've ever found is to say Noon and Midnight rather than the number.  Possibly a good reason to convert to 24 hour time (but that is about as likely the sun rising in the West)

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post #36 of 46
Quote:
Originally Posted by Tallest Skil View Post

Ludicrous nonsense. Both parts. I keep a metric clock as a joke only.



I suppose you’d prefer a decimalized year, too? How would you go about that?

100 metric sec per metric minute. 100 metric minutes per metric hour. 100 metric hours per metric day. 100 metric days per metric year. I think that works out to .52 min per metric min during non leap years. Of course non of this metric time would relate to rotation of the planet.
post #37 of 46
Quote:
Originally Posted by Bryant NorCal View Post

"The world is watching how Samsung is treated by the United States in this 'smartphone war' and the administration has a significant interest in avoiding the perception of favoritism and protectionism toward U.S. companies," Samsung wrote in the full-throated defense.

This is a laugh since Korea highly favors anything Samsung or Korean. Samsung is all gimme, gimme, gimme as usual. With the US Gov't is shutdown so may be unlikely to help Samsung this time around.

Indeed, "favoritism" - a case of the pot calling the kettle black. There is a very simple solution for taking care of this immoral scumbag of a company - remove our troops! Open up the DMZ!
post #38 of 46
With Samsung's flagrant thumbing of their nose at the law around the world, we should simply ban all of their mobile devices! Currently, by the time the government takes action in the courts, the punishment is meaningless to these scumbags as they have already raked in billions illegally, and have moved on to other products. We should also be gutting them of all their profits as they see the fines as a slap on the wrist and a simple cost of doing business that has little impact on their bottom line. As a repeat offender, they have shown absolutely no desire to change their ways.
Edited by FreeRange - 10/7/13 at 6:11pm
post #39 of 46
I'm not watching how the US govt is treating Samsung at all. That is, if the US govt has any funds to do anything about this in the first place, of course.

I'm interested in that Samsung refers to its abuse of other's patents as 'insignificant', yet insists on legal action against a third party for components already licenced.

How soon will these activities be recognised as 'trolling' in legal dealings?

And now Samsung has released an advertisement for the least accessible consumer electronics device of all time (well, this decade at least). Of course their ad is a copy of an Apple ad.

Finally: how much longer and what will it take for people and the press to begin heaping ridicule on Samsung, which it so richly deserves?

Let's start now!

"In yet another failed attempt to manipulate the unaware, Samsung has stolen yet MORE ideas in a blantantly uncreative rip-off of their favorite brand. Apple is typically ignoring the ineffectual group of fools. As the deadline for Samsung's import ban nears, the Republican-led and reportedly undemocratic shutdown of the US govt will ensure the ban takes full effect. Vote Republican! Samsung's future viability is on even shakier ground as it continues to swamp actual sales reports with shipment numbers and maintains total secrecy reguarding its mobile device profitability. Shares are continuing their expected decline."

This was my first article on the topic. Should I provide links?
post #40 of 46
Quote:
Originally Posted by FreeRange View Post

Indeed, "favoritism" - a case of the pot calling the kettle black. There is a very simple solution for taking care of this immoral scumbag of a company - remove our troops! Open up the DMZ!
Yes. Let's cut off our nose to spite our face. NK is a big enough problem as it is. Giving them the Korean Peninsula and have millions of South Koreas killed just because of a patent dispute is exactly what we should do. /s
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