Product ban looms for Samsung in patent spat with Apple

Posted:
in iPhone edited January 2014
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.
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Comments

  • Reply 1 of 44
    apple ][apple ][ Posts: 9,233member

    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!

  • Reply 2 of 44
    MacProMacPro Posts: 19,251member
    Before we get stupid political comments from the usual suspects ...

    Of course he won't as they are not comparable situations.
  • Reply 3 of 44
    Sorry, gov't is shutdown.. don't expect a veto lol.
  • Reply 4 of 44
    cpsrocpsro Posts: 2,782member

    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.

  • Reply 5 of 44
    It's funny, it's like no one noticed that they copy everything.
  • Reply 6 of 44
    jungmarkjungmark Posts: 6,800member
    Oh Sammy, SEP are different than regular patents.
  • Reply 7 of 44
    12 a.m. is what exactly? midnight or noon?
  • Reply 8 of 44
    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

  • Reply 9 of 44
    newbeenewbee Posts: 2,055member
    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.    :)

  • Reply 10 of 44
    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.

  • Reply 11 of 44
    bloggerblogbloggerblog Posts: 2,002member

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

  • Reply 12 of 44

    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.

  • Reply 13 of 44
    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?

  • Reply 14 of 44

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

  • Reply 15 of 44
    "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.
  • Reply 16 of 44
    jdsonicejdsonice Posts: 156member
    I hope there is no veto on this issue. Mr. Obama has a lot more to worry about than a third rate copycat.
  • Reply 17 of 44
    I know it's off topic, but the whole 12am 12pm thing has always irritated me.

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

    Just sayin.
  • Reply 18 of 44
    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.
  • Reply 19 of 44
    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?

  • Reply 20 of 44
    weejock wrote: »
    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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