Verizon asks Obama to intervene in Apple v. Samsung case, prevent impending iPhone ban
Verizon's top lawyer penned an editorial this week asking President Barack Obama to prevent the U.S. International Trade Commission from barring the sales of some older iPhones.
The ITC ruled in June that the AT&T versions of Apple's iPhone 4, iPhone 3GS and iPhone 3G all infringe on patents owned by Samsung, and that the devices must be banned from sale by Aug. 5. While the decision doesn't affect Verizon directly, the company's general counsel, Randal S. Milch, published an editorial in The Wall Street Journal this week calling on the Obama administration to veto the ITC's decision.
"Patent litigation at the ITC ??where the only remedy is to keep products from the American public ? is too high-stakes a game for patent disputes," Milch wrote. "The fact that the ITC's intellectual-property dispute docket has nearly quadrupled over 15 years only raises the stakes further. Smartphone patent litigation accounts for a substantial share of that increase."
While Verizon opposes the ban because of the precedent it would set, the carrier has not taken a position on the larger Apple v. Samsung patent dispute. The carrier simply believes that the Obama administration should do its part to discourage companies from "clogging the ITC's docket" with such patent infringement complaints.
Such a move would be rare ? no president has vetoed an ITC decision since 1987. But no precedent has been set for patent infringement cases, which is where Verizon believes the president should set the tone on three specific instances:
The ITC ruled in June that the AT&T versions of Apple's iPhone 4, iPhone 3GS and iPhone 3G all infringe on patents owned by Samsung, and that the devices must be banned from sale by Aug. 5. While the decision doesn't affect Verizon directly, the company's general counsel, Randal S. Milch, published an editorial in The Wall Street Journal this week calling on the Obama administration to veto the ITC's decision.
"Patent litigation at the ITC ??where the only remedy is to keep products from the American public ? is too high-stakes a game for patent disputes," Milch wrote. "The fact that the ITC's intellectual-property dispute docket has nearly quadrupled over 15 years only raises the stakes further. Smartphone patent litigation accounts for a substantial share of that increase."
While Verizon opposes the ban because of the precedent it would set, the carrier has not taken a position on the larger Apple v. Samsung patent dispute. The carrier simply believes that the Obama administration should do its part to discourage companies from "clogging the ITC's docket" with such patent infringement complaints.
Such a move would be rare ? no president has vetoed an ITC decision since 1987. But no precedent has been set for patent infringement cases, which is where Verizon believes the president should set the tone on three specific instances:
- When the patent holder isn't practicing the technology itself.
- When the patent holder has already agreed to license the patent on reasonable terms as part of standards setting.
- When the infringing device of the product isn't that important to the overall product, and doesn't drive consumer demand for the product at issue.
Comments
Didn't Verizon get the memo that no one wants iPhones anymore and that Apple is in a death spiral?
Interesting position VZ is taking. I wonder what the bigger game that is at play here.
I agree that VZ lawyer's approach to this is reasonable.
Quote:
Originally Posted by Gazoobee
Android users are all Obama haters already so it won't impact his ratings.
No. Just no. Preference in politician has nothing to do with preference in smart phone.
The bigger picture has to do with a ban over FRAND/SEP patents, something the current administration (and possible previous ones) disagrees with. The ITC has made a huge statement, which doesn't necessarily agree with their other decisions, and this is what Verizon and Apple are arguing against. Samsung is not complying with government regulations dealing with FRAND but the ITC refuses to accept this. Samsung has some 3G patents that are required by all cellphone vendors that were accepted as standards and yet they are holding Apple hostage over them demanding a ridiculous amount of money for each handset over something that is a very small part of the entire device. Verizon could be next in line for any FRAND patent and they don't want to see phones they are trying to sell banned.
Link?
I agree with Verizon here. The ITC is trying to ban a product that used patents that were FRAND. Just because the company offering their patents to be part of a standard and then deny fair and reasonable licensing on that patent, does not mean they should be allowed to ban the product. It means there was a failure in the negotiations of the two companies and the ITC (or the courts in general) are being used as pawns in anti-competitive behavior. Who makes the call on that then? The president, or a president in my opinion. If the world courts are inhibiting marketplace dynamics, then yes, something needs to be done to prevent this in the future.
Verizon probably assumes their versions would be next. I'm not sure, I honestly cannot remember this patent ruling.
Quote:
Originally Posted by MikeJones
Didn't Verizon get the memo that no one wants iPhones anymore and that Apple is in a death spiral?
Didn't you get a memo from your doctor that day dreaming doesn't help your health condition ?
Quote:
Originally Posted by Gazoobee
Android users are all Obama haters already so it won't impact his ratings.
Most of them. 100% Agree! Android users are poor and they hate Obama for his economic policies lol
Quote:
Originally Posted by Gazoobee
Android users are all Obama haters already so it won't impact his ratings.
Just for kicks I looked up maps to compare mobile OS dominance and 2012 Presidential election results by state:
http://www.politico.com/2012-election/map/#/President/2012/
http://www.mobify.com/blog/ios-vs-android-in-2012/
Some results:
Alaska: Republican - iOS
California: Democrat - Android
Florida: Democrat - Android
Kentucky: Republican - iOS
Maine: Democrat - iOS
Michigan: Democrat - Android
Mississipi: Republican - iOS
New Mexico: Democrat - iOS
New York: Democrat - iOS
Ohio: Democrat - Android
Oklahoma: Republican - iOS
Pennsylvania: Democrat - iOS
Texas: Republican - Android
Virginia: Democrat - Android
Washington: Democrat - Android
Quote:
Originally Posted by shrimp
Didn't you get a memo from your doctor that day dreaming doesn't help your health condition ?
No, my doctor was too busy to see me. He was preparing for the all-day surgery needed to fix your sarcasm detector.
Quote:
Originally Posted by AppleFanPro
No. Just no. Preference in politician has nothing to do with preference in smart phone.
I wouldn't say "nothing". Actually, I think there is a correlation. I'd like to see a poll. It would be interesting.
There was a tweet map a few weeks ago. It appeared to show that Android dominating rural America and iOS dominating the cities.
http://www.mapbox.com/labs/twitter-gnip/brands/#5/38.000/-95.000
Quote:
Originally Posted by MikeJones
No, my doctor was too busy to see me. He was preparing for the all-day surgery needed to fix your sarcasm detector.
I can tell your doctor has given up on you...
Quote:
Originally Posted by shrimp
I can tell your doctor has given up on you...
Maybe. Or he just sees more profit potential from you.