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White House declines to stop ban on Samsung products in Apple patent case

post #1 of 38
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The White House on Tuesday declined to intervene and prevent a ban on the sale of certain Samsung products accused of infringing on Apple patents.

Trade


Samsung was hopeful that the Obama administration would act as it did for Apple in August, when the president stopped an International Trade Commission injunction that would have barred sales of the iPhone 4. However, the White House revealed on Tuesday that, as expected, it would not intervene, according to Bloomberg.

"After carefully weighing policy considerations, including the impact on consumers and competition, advice from agencies, and information from interested parties, I have decided to allow [the ban]," U.S. Trade Representative Michael Froman said in a statement.

The president's veto in Apple's case was made out of concerns regarding standards essential patents (SEPs) being used to gain "undue leverage." Samsung's infringing products are not accused of violating SEPs.

The import ban set to take affect will only apply to a limited number of Samsung products. Newer models from the South Korean company have worked around the Apple patents in question, related to multi-touch input and a sensor for detecting when a headphone jack is being used.

The ITC sided with Apple in an August ruling, in which the commission set the stage for certain Samsung products to be barred from sale. With the White House declining to intervene, the ITC import ban is set to take effect.

Froman had previously said that the administration's decision would be made on the merits of the case, not geopolitical interests.
post #2 of 38

Copy THAT bitches!

post #3 of 38
Sounds like this is more important politically than for Apple or Samsung's bottom line. Some cheers from this side saying that justice prevails and some jeers from that side saying that the treatment is unfair. Personally I'm glad that this drama doesn't tip the sides too much.
post #4 of 38

Good call.  The only reason to veto this would have been to offset the prior veto in Apple's favor.  That veto basically a result of having to allow SEP patents to actually have some clout, which could have shifted the patent landscape.

 

Hopefully this is the end of it, but with SEP patents officially defanged, I wouldn't be surprised if companies like Samsung and Google try to file their 5g variants of wireless technology as proprietary technologies instead of including them as SEPs

post #5 of 38
Quote:
Originally Posted by Frood View Post

Good call.  The only reason to veto this would have been to offset the prior veto in Apple's favor.  That veto basically a result of having to allow SEP patents to actually have some clout, which could have shifted the patent landscape.

Hopefully this is the end of it, but with SEP patents officially defanged, I wouldn't be surprised if companies like Samsung and Google try to file their 5g variants of wireless technology as proprietary technologies instead of including them as SEPs

That's not likely to happen.

The carriers want SEPs - there's no way that a carrier can support a bunch of different proprietary technologies. Handset manufacturers want SEPs - they don't want to support a zillion proprietary technologies, either.

As long as there's a technology available that will do the job where the IP owner is willing to make it SEP, that will be the choice. And some companies (Qualcomm, for example) like SEPs and have built their business model around them, so I don't see it changing.
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post #6 of 38
Quote:
Originally Posted by Frood View Post
 

Good call.  The only reason to veto this would have been to offset the prior veto in Apple's favor.  That veto basically a result of having to allow SEP patents to actually have some clout, which could have shifted the patent landscape.

 

Hopefully this is the end of it, but with SEP patents officially defanged, I wouldn't be surprised if companies like Samsung and Google try to file their 5g variants of wireless technology as proprietary technologies instead of including them as SEPs

 

Hardly. What's more likely is if multiple companies have 5G technology then the SSO's will pick IP from companies who don't have a pattern of SEP abuse (like Samsung).

 

I think Samsung shot themselves in the foot over their dispute with Apple. They were so eager to get a ban that they forgot how their actions might affect other areas of business later on.

 

I bet 5G will be comprised of IP from Cisco, Ericsson, Nokia and Qualcomm with little to no input from Samsung.

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post #7 of 38
Quote:
Originally Posted by Ursadorable View Post
 

Copy THAT bitches!

 

You did same comment on MacRumors. :)

post #8 of 38
One thing the White House has done good today.
post #9 of 38
Quote:
Originally Posted by jragosta View Post


That's not likely to happen.

The carriers want SEPs - there's no way that a carrier can support a bunch of different proprietary technologies. Handset manufacturers want SEPs - they don't want to support a zillion proprietary technologies, either.

As long as there's a technology available that will do the job where the IP owner is willing to make it SEP, that will be the choice. And some companies (Qualcomm, for example) like SEPs and have built their business model around them, so I don't see it changing.

 

 

I don't see them bypassing it, just adding to it.  Samsung adds a proprietary variant to its phones as an 'add-on' to the 5g standard.  Phones work with 'standard' 5g carriers.  Phone is 4x faster if you choose a carrier that has their technology variant.  Android fans will be lining up to switch to that carrier, until they all supply it- at which point Apple will have to develop its own faster network.  It will just add one more layer to the competition.  Its not that far fetched.  Its was already widely reported that Steve Jobs had wanted to do this- and it makes a lot of sense.  Imagine of Apple TV has just been smoke an mirrors and Apple has really developed a wireless tech that is 5x faster than current LTE.  Apple:  "Hey carriers, adopt our technology or lose your Apple users...."   Apple, now with 5x the speed of those stone age Android phones!

 

Samsung/Android have enough global market share that they could pull off essentially being their own standard as well, and already openly have zippy wireless technologies in the works.

 

Of course Qualcomm likes the current setup.  They get to give away other peoples patents for relative peanuts- by law.  Its the 'other people' that might rethink whether pursuing SEPs are worthwhile.

post #10 of 38

Samsung fools itself by shouting here and there.  

Now, infront of president.  

 

Samsung feels so inferior.

 

Its like...

when you call a mad person MAD... he shouts back MADLY that "ME? ME? I am not MAD."  Thats enough to prove that he is mad.  Same case with Samsung. :) :)

post #11 of 38
Quote:
Originally Posted by Chandra69 View Post
 
Quote:
Originally Posted by Ursadorable View Post
 

Copy THAT bitches!

 

You did same comment on MacRumors. :)

 

Its OK to copy yourself. ;-)

post #12 of 38
Quote:
Originally Posted by daphreev View Post

One thing the White House has done good today.

The problem now is there's no one around to enforce it.
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post #13 of 38
Quote:
Originally Posted by Frood View Post


I don't see them bypassing it, just adding to it.  Samsung adds a proprietary variant to its phones as an 'add-on' to the 5g standard.  Phones work with 'standard' 5g carriers.  Phone is 4x faster if you choose a carrier that has their technology variant.  Android fans will be lining up to switch to that carrier, until they all supply it- at which point Apple will have to develop its own faster network.  It will just add one more layer to the competition.  Its not that far fetched.  Its was already widely reported that Steve Jobs had wanted to do this- and it makes a lot of sense.  Imagine of Apple TV has just been smoke an mirrors and Apple has really developed a wireless tech that is 5x faster than current LTE.  Apple:  "Hey carriers, adopt our technology or lose your Apple users...."   Apple, now with 5x the speed of those stone age Android phones!

It's not going to happen. Carriers won't buy it - especially from an Android device. Networks are already strained to the breaking point and carriers are resisting investment. I don't see anyone being able to bring enough new accounts to get them to upgrade - especially since the phones would work even without supporting the proprietary add-on.

If carriers were interested in doing this, why is there only one carrier who supports visual voice mail? And that doesn't even require them to upgrade their networks.
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post #14 of 38
Quote:
Originally Posted by Frood View Post

Good call.  The only reason to veto this would have been to offset the prior veto in Apple's favor.  That veto basically a result of having to allow SEP patents to actually have some clout, which could have shifted the patent landscape.

Hopefully this is the end of it, but with SEP patents officially defanged, I wouldn't be surprised if companies like Samsung and Google try to file their 5g variants of wireless technology as proprietary technologies instead of including them as SEPs

Then let them...at which point the IP becomes worthless and useless in that competing technology will be included in the standard. They will simply be bypassed and they will have to pay extra to build a phone to the new standard.
post #15 of 38
Quote:
Originally Posted by Frood View Post
 

 

 

I don't see them bypassing it, just adding to it.  Samsung adds a proprietary variant to its phones as an 'add-on' to the 5g standard.  Phones work with 'standard' 5g carriers.  Phone is 4x faster if you choose a carrier that has their technology variant.  Android fans will be lining up to switch to that carrier, until they all supply it- at which point Apple will have to develop its own faster network.  It will just add one more layer to the competition.  Its not that far fetched.  Its was already widely reported that Steve Jobs had wanted to do this- and it makes a lot of sense.  Imagine of Apple TV has just been smoke an mirrors and Apple has really developed a wireless tech that is 5x faster than current LTE.  Apple:  "Hey carriers, adopt our technology or lose your Apple users...."   Apple, now with 5x the speed of those stone age Android phones!

 

Samsung/Android have enough global market share that they could pull off essentially being their own standard as well, and already openly have zippy wireless technologies in the works.

 

Of course Qualcomm likes the current setup.  They get to give away other peoples patents for relative peanuts- by law.  Its the 'other people' that might rethink whether pursuing SEPs are worthwhile.

 

I wonder when people will realize having 4x the broadband speed on a device meant for checking email, browsing and occasionally watching 300ko/sec youtube video is more than overkill for a phone.  I actually have better bandwidth on my LTE iPhone than our office ADSL business internet access shared by 20 computers and 2 servers.

post #16 of 38
Quote:
Originally Posted by Frood View Post
 

 

 

...  Phone is 4x faster if you choose a carrier that has their technology variant...

 

Which would be NONE of the carriers.  They are moving away from the proprietary stuff and towards a standardized wireless technology (LTE).  Even China Mobile, ever the renegade, is heading towards a standard.

 

Apparently the carriers no longer view differentiation in wireless technology to be worth the added time, money, and effort.  Your concept is outdated and overcome by events.  Isn't going to happen anymore.

 

Thompson

post #17 of 38
Samsung will paint this as blatant nationalistic discrimination to distract from the egregious reality of their documented abuses.
post #18 of 38
Double standard and corporate favoritism? Naaaaaaaah. He not that kinda guy.
post #19 of 38
Quote:
Originally Posted by dasanman69 View Post


The problem now is there's no one around to enforce it.

 

Doesn't matter. What Apple really gains from this is that Samsung has had to (yet again) modify its devices to avoid infringement. Even if no devices actually get banned Apple still wins as Samsung had to make changes.

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post #20 of 38
If tha
Quote:
Originally Posted by EricTheHalfBee View Post

Doesn't matter. What Apple really gains from this is that Samsung has had to (yet again) modify its devices to avoid infringement. Even if no devices actually get banned Apple still wins as Samsung had to make changes.
if that's all apple got then its a hollow victory. There needs to some victories that for Samsung into selling devices that are not patent infringing...not before.

Samsung is thinking, "so what. We've made our money on it. We've gained product recognition".

They pay the little fine but they've gained much more. Government needs to start banning samsung devices FIRST! Before sale. They let them sell after they've proven they don't infringe on tech
post #21 of 38
So which devices are actually banned?
post #22 of 38
Quote:
Originally Posted by EricTheHalfBee View Post

Doesn't matter. What Apple really gains from this is that Samsung has had to (yet again) modify its devices to avoid infringement. Even if no devices actually get banned Apple still wins as Samsung had to make changes.

Actually, even that doesn't help much. Samsung's blatant theft of Apple technology probably cost Apple a lot more than the $1 B that Apple might collect some day.

The problem is that the system moves too slowly. By the time the appeals are exhausted and Apple gets a Samsung device banned, it's already obsolete. Samsung can continue to infringe with impunity - by the time they get caught and fined, they've already earned far more money than they have to pay in fines. And banning a 3 year old product isn't worth much.

Apple would win if one of three things would happen:

1. Samsung is punished heavily enough that the infringement no longer makes them more money than they pay out.
2. Consumers see Samsung constantly getting slapped down by the courts and stop buying Samsung copycat products.
3. After Samsung gets slapped down by a court often enough to irritate a judge, the court creates some mechanism whereby patent claims against Samsung's products get expedited review.

Frankly, I don't see any of those things happening. Samsung has a great scam - steal technology, make billions from it, and then pay a modest fine out of pocket change.
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post #23 of 38
Obama is a great president. He should look at more products from non US firms to ban. If I had it my way only Apple iPhones should be allowed to be sold in the USA. Even though not overturning this ban is politically motivated, the US government must continue to stop Samsung and other manufacturers from selling devices in the USA.
post #24 of 38
So something that didn't happen is news?

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post #25 of 38

oooohhhh Samsung!

 

ROFLAMO

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post #26 of 38

This is NOT going over too well with the Samdroids on C|net. No, not at all. Combine politics with hatred and ho-boy, what a volatile mix. 

post #27 of 38
Quote:
Originally Posted by AppleSince86 View Post

Samsung will paint this as blatant nationalistic discrimination to distract from the egregious reality of their documented abuses.

 

 

The mainstream media keep on ignoring Samsung shenanigans.

The BBC, The Guardian, the worst of them all - The HuffingtonPost ...

Samsung knows this, so it will not change.

post #28 of 38
Quote:
Originally Posted by Ochyming View Post


The mainstream media keep on ignoring Samsung shenanigans.
The BBC, The Guardian, the worst of them all - The HuffingtonPost ...
Samsung knows this, so it will not change.

Because it's really not all that important.
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post #29 of 38
Quote:
Originally Posted by Damn_Its_Hot View Post

Its OK to copy yourself. ;-)

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post #30 of 38
Even a small sep in justice lifts the weary fighter's heart. A club, shackles - nay, public spanks, not too much to ask. But as we delight in the wee treats one dreams of stocks or the pillory for the shameful one. Pillory's my preference, but whose to quibble with the delights of either.

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post #31 of 38
Quote:
Originally Posted by lkrupp View Post

This is NOT going over too well with the Samdroids on C|net. No, not at all. Combine politics with hatred and ho-boy, what a volatile mix. 

Oh let's all go over there and stir the proverbial! 1smile.gif

Remember, always start off stating you own several Androids and PCs and love all things Google. Microsoft and Samsung (careful with that spelling ... ) but ... then slam everything about them. Oh and make up really cool troll names. 1biggrin.gif
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post #32 of 38
Quote:
Originally Posted by dasanman69 View Post


Because it's really not all that important.

 

Yeah, being honest is not important?

post #33 of 38
Quote:
Originally Posted by Ochyming View Post

Yeah, being honest is not important?

It has nothing to do with honesty.
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post #34 of 38
Quote:
Originally Posted by jsmythe00 View Post

If tha
if that's all apple got then its a hollow victory. 

No not really because now they make samsung modify there devices.  That modification includes newer devices too because if they dont they will find themselves right back in court for the newer devices.  Which Apple is already doing.  Apple has made no bones about it.  

Tim Cook put it this way:

Quote:
 “From our point of view, it’s important that Apple not be the developer for the world. We cannot take all of our energy and all of our care, and finish the painting, and have someone else put their [sic] name on it. We cannot have that. The worse thing in the world that can happen to you if you’re an engineer and you’ve given your life to something is to have someone to rip it off and put their [sic] name on it. What we want to accomplish is, we just want people to invent their own stuff” (Tim Cook interview with All Things Digital)

This is why they go to court.  There not interested in licensing there ideas and ip.  They just want people to quit using there ideas and stealing there ip. Period.


Edited by Mechanic - 10/8/13 at 6:00pm
post #35 of 38
Quote:
Originally Posted by jragosta View Post

It's not going to happen. Carriers won't buy it - especially from an Android device. Networks are already strained to the breaking point and carriers are resisting investment. I don't see anyone being able to bring enough new accounts to get them to upgrade - especially since the phones would work even without supporting the proprietary add-on.

If carriers were interested in doing this, why is there only one carrier who supports visual voice mail? And that doesn't even require them to upgrade their networks.

I've been using visual voicemail for years on Vodafone Australia, what's this "one carrier" nonsense?

Another reason why my Galaxy S4 is a piece of junk.
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post #36 of 38
Quote:
Originally Posted by simtub View Post

So which devices are actually banned?

Mainly those crappy little PAYG phones that make up the bulk of their sales.
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post #37 of 38
Quote:
Originally Posted by mhikl View Post

Even a small sep in justice lifts the weary fighter's heart. A club, shackles - nay, public spanks, not too much to ask. But as we delight in the wee treats one dreams of stocks or the pillory for the shameful one. Pillory's my preference, but whose to quibble with the delights of either.

Or bonfires of Samsung products, piled high on street corners.
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post #38 of 38
Quote:
Originally Posted by digitalclips View Post

Quote:
Originally Posted by Damn_Its_Hot View Post

Its OK to copy yourself. ;-)

'Autoplagiarism' 1biggrin.gif

Lol. What's he to do otherwise; sue himself ¿
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