Samsung's vetoed push for an ITC ban against Apple, Inc., in pictures

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  • Reply 101 of 129
    gatorguygatorguy Posts: 24,213member
    Perhaps I am a bit slower than usual today, but what does BOM have to do with gross or net SALES?
    BOM refers to the build cost which is how Qualcomm bases a licensees royalty payments. I don't believe I mentioned either gross or net sales so I've no idea why you brought it up.
  • Reply 102 of 129
    relicrelic Posts: 4,735member
    Living where you do, you have the luxury of saying 'no weapons.'

    Pease don't generalize your bucolic, pastoral Swiss existence to the rest of the world.

    It's the child workers that enrage me the most, I understand the need for military protection in South Korea against the North but I will not support any company that profits from weapons, regardless of the situation. After doing some more research Samsung is active in weapons bazaars selling to other countries. Self preservation I might slide, war profiteering not a chance. Yes I have that luxury and I thank God every day that I live here. Probably the only country not to be touched by major conflict in 500 years. I'm not long for this world and I think this is a good thing to pass on to my children. So you might roll your eyes at my statement but I will not compromise my values, apathy for such things has got to stop.
  • Reply 103 of 129
    jragostajragosta Posts: 10,473member
    gatorguy wrote: »
    That's not correct. Qualcomm clearly and explicitly states that a licensee's royalty basis is the cost of the completed device (Total BOM rather than the retail selling price tho) and not just a chipset. Research it for yourself if you have any doubt. Had you already done so you'd know what Qualcomm bases it on rather than guessing. A good start would be visiting Qualcomm's own website. They don't hide it.

    Be aware that there are few companies that monetize their IP as effectively as Qualcomm. In licensing royalties alone they put right at $2B in the bank in just the last quarter!

    EDIT: By the way, Qualcomms estimated current royalties average for devices using their CDMA/3G/4G IP is 3.3% of the total device bill of materials. That's up a tiny bit from the 3.2% per-device royalties from the previous quarter.
    http://djcs.gtm.idmanagedsolutions.com/cxb/analystpdf/argus/74752510350.pdf

    Right. So if a Qualcomm chip is used in a Cadillac because of their OnStar handsfree connection, then they get 3.3% of $50,000?

    I don't think so.
  • Reply 104 of 129
    solomansoloman Posts: 228member
    relic wrote: »
    It's the child workers that enrage me the most, I understand the need for military protection in South Korea against the North but I will not support any company that profits from weapons, regardless of the situation. After doing some more research Samsung is active in weapons bazaars selling to other countries. Self preservation I might slide, war profiteering not a chance. Yes I have that luxury and I thank God every day that I live here. Probably the only country not be touched by major conflict in 500 years.

    Do you have any idea how many companies use child labor? The fact is that there are hand made products that are best made by smaller hands. Is it right? No of course not but we live in a world with a lot more wrongs than child labor.
  • Reply 105 of 129
    gatorguygatorguy Posts: 24,213member
    jragosta wrote: »
    Right. So if a Qualcomm chip is used in a Cadillac because of their OnStar handsfree connection, then they get 3.3% of $50,000?

    I don't think so.

    If there's a communication device in the car that uses Qualcomm licensed IP that would be the completed device, not the car that completed device is installed in nor a simple chip. You don't think things thru before commenting sometimes

    Disagree and have hard evidence to prove me wrong on what Qiualcomm bases royalties on? I'd love to see it.:lol:
  • Reply 106 of 129
    relicrelic Posts: 4,735member
    soloman wrote: »
    Do you have any idea how many companies use child labor? The fact is that there are hand made products that are best made by smaller hands. Is it right? No of course not but we live in a world with a lot more wrongs than child labor.

    So then I should just let it go, continue supporting these corporations that turn a blind eye. No. I'm sorry, if I can help it I will not support such things. Samsung is now part of my banned corporation list.
  • Reply 107 of 129
    kdarlingkdarling Posts: 1,640member

    Quote:

    Originally Posted by jragosta View Post



    Right. So if a Qualcomm chip is used in a Cadillac because of their OnStar handsfree connection, then they get 3.3% of $50,000?



    I don't think so.


     


    Qualcomm would get 3.3% of the OnStar device cost.

  • Reply 108 of 129

    Quote:

    Originally Posted by Relic View Post



    Nice write up but the fact still remains the ITC found Apple guilty of infringing on the patent. So did the ITC not have all of the facts listed? I would really hate too believe a governing body like the ITC acted Willy Nilly. I also really don't like to see the leader of a country overturning it's own courts, what's the use of having them when all it takes is a veto to overturn them. I don't know, I'm just asking, is this normal in America? 


     


    What is normal in America is a whole lot of litigation with crazy verdicts. It's so difficult to tell what a court will decide, so many people sue knowing that their chances of a settlement is good, if they don't ask too much. For the leader of USA or a state to overturn a court's decision is commonly done as a pardon, which is a bit different in this case, but it has always been possible.

  • Reply 109 of 129
    gatorguy wrote: »
    Perhaps I am a bit slower than usual today, but what does BOM have to do with gross or net SALES?
    BOM refers to the build cost which is how Qualcomm bases a licensees royalty payments. I don't believe I mentioned either gross or net sales so I've no idea why you brought it up.

    Because that's what's under discussion, if you read.
  • Reply 110 of 129
    relic wrote: »
    It's the child workers that enrage me the most, I understand the need for military protection in South Korea against the North but I will not support any company that profits from weapons, regardless of the situation. After doing some more research Samsung is active in weapons bazaars selling to other countries. Self preservation I might slide, war profiteering not a chance. Yes I have that luxury and I thank God every day that I live here. Probably the only country not to be touched by major conflict in 500 years. I'm not long for this world and I think this is a good thing to pass on to my children. So you might roll your eyes at my statement but I will not compromise my values, apathy for such things has got to stop.

    I am certainly not rolling my eyes. I am simply pointing out that where you stand spends on where you sit.
  • Reply 111 of 129
    gatorguygatorguy Posts: 24,213member
    Because that's what's under discussion, if you read.

    Hardly. Your'e discussing Switzerland. I'm at least replying to posts on SEP monetization and pertinent to the thread topic.
  • Reply 112 of 129
    macgizmomacgizmo Posts: 102member

    The end result of all of these lawsuits is absolutely NOTHING. Nothing has changed, nothing has been banned, costs have remained the same (or gone down). Nothing, as a result of all these patent suits, has changed.


     


    So both companies have spent hundreds of millions of dollars for nothing.

  • Reply 113 of 129
    solomansoloman Posts: 228member
    relic wrote: »
    So then I should just let it go, continue supporting these corporations that turn a blind eye. No. I'm sorry, if I can help it I will not support such things. Samsung is now part of my banned corporation list.

    Would you prefer that they turn to prostitution? The sad fact is that some of the kids need to work in order to survive. Many countries just don't have child welfare services to help them.
  • Reply 114 of 129
    gatorguy wrote: »

    Hardly. Your'e discussing Switzerland. I'm at least replying to posts on SEP monetization and pertinent to the thread topic.

    Unlike you, it seems I am capable of having more than one conversation at the same time, Mr. Tangentguy.

    A helpful hint: As I said before, you really should learn to read better, so that you are actually focused on the issue at hand.
  • Reply 115 of 129
    mechanicmechanic Posts: 805member

    Quote:

    Originally Posted by Relic View Post



    I also really don't like to see the leader of a country overturning it's own court


    The ITC is not a court.  To quote Florian Mueller of Foss Patents speaking about the veto in his article  http://www.fosspatents.com/2013/08/yes-we-frand-various-pending-itc.html ;:


     


    Quote:


    Obviously the White House cannot veto court decisions or tell courts what to do (the ITC is a trade agency, not a court).



    He quotes the Veto letter from Mr. Froman to the ITC, that in fact Samsung can still seek fair royalties in court.  They just can't extort patent hold up with SEP's.  Thats when he makes the above comment that the White House can veto the ITC because it is not a court and not part of the Judicial system in the US.  It is a trade agency.  That is why companies can appeal cases from the ITC to the US Court of appeals which is Part of the Judicial Branch of government.  Which can't be vetoed by the president.

  • Reply 116 of 129
    disturbiadisturbia Posts: 563member
  • Reply 117 of 129
    mechanicmechanic Posts: 805member

    Quote:


    Originally Posted by Relic View Post



    ".. using equipment made by Samsung to fabricate those chips as well...."



     


    Quote:

    Originally Posted by poksi View Post


     


    no one is challenging that.  



    Actually I am.  Almost 99% of chip fabs including Samsung buy there equipment from highly specialized companies that make the equipment for them  here is a good site to look at literally thousands of companies most people never hear of who manufacture "Wafer" machines and support equipment.


    http://www.semiconductor-manufacturing.net/Semiconductor-Equipment-Manufacturers.htm


     


    Another good link is the Semiconductors Standards Organizations web page too  http://www.semi.org/

  • Reply 118 of 129
    jragostajragosta Posts: 10,473member
    kdarling wrote: »
    <span style="line-height:1.231;">Qualcomm would get 3.3% of the OnStar device cost.</span>

    I see. So when it's Cadillac, they get a portion of just the component involved. But when it's Apple, they get a portion of the entire device.

    Can you say 'hypocrisy'?
  • Reply 119 of 129
    eluardeluard Posts: 319member


    It is good to see that there is a brake on Samsung's appalling tactics. But I won't really be happy until Samsung are forced to pay every last dollar that they owe Apple for their flagrant rip-off of Apple's design and IP. Sue them, Apple, and keep suing them. Don't rest until you have won.

  • Reply 120 of 129


    @KDarling wrote, That's why it's not been fair to either side, that rule changes are being applied in the middle of cases.


     


    Maybe you've not had kids, and/or your parents never told you: Life isn't fair. Deal with it.


     


    Anti-trust and pro-competition laws have been in flux since they first went on the books, over a century ago. We're not going to stop with the trust-busting that worked against Standard Oil. I personally felt that dropping the absolutely rock-solid case against Microsoft was a disservice both to consumers and also Microsoft. (Although the chickens took a decade to come home to roost, Microsoft got lazy and settled into being comfortable dominating the Enterprise and desktop, causing it to miss the last three tech revolutions that its skills could've addressed.)


     


    The same for Samsung. Two years ago, astute analysts wrote that SEPs were like parking meters: great for collecting some money day-in and day-out, but not the bazookas you needed to block competition. Those guidelines have been in effect in Europe for a while, and Samsung is damn well aware of them — they withdrew their SEP claims for injunctions there. 


     


    In the good ole US of A, we've morphed rather more erratically toward the same understanding, that injunctions over SEPs are harmful and can be tolerated only in VERY limited circumstances (circumstances that don't apply with Apple). Samsung pretends as if it never got the memo, but that's just PR/propaganda/lawyering; they've known for a while this was coming, just hoped they could keep it up a bit longer.


     


    Boo hoo for no longer being allowed to abuse SEPs.

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