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You don’t understand what you’re talking about. The ITC cannot determine FRAND rates. Only a court can do that, and Samsung didn’t take that route.

What she said was that Samsung made such a big stink in the past, that it is hypocritical of them to then seek an import ban.

13 days ago on Samsung wins US import ban on AT&T iPhone 4 and 3G iPads in ongoing patent dispute 1 reply

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Because the ITC can only judge infringement. They cannot determine if what Apple offered was fair. Only a court can do that.

13 days ago on Samsung wins US import ban on AT&T iPhone 4 and 3G iPads in ongoing patent dispute

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Samsung never sought out a remedy in court to have a fair rate set. They went straight for an injunction, which is a violation of their FRAND commitments.

13 days ago on Samsung wins US import ban on AT&T iPhone 4 and 3G iPads in ongoing patent dispute

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Which, given that they’re 3G patents, won’t be much.

13 days ago on Samsung wins US import ban on AT&T iPhone 4 and 3G iPads in ongoing patent dispute

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Read the actual patents before you continue to make a fool of yourself. The rounded corners were one element of that patent. Don’t fall for Samsung’s PR that it was based solely on that.

13 days ago on Samsung wins US import ban on AT&T iPhone 4 and 3G iPads in ongoing patent dispute

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No it isn’t. Hence the reason why those that haven’t adhered to it are under antitrust investigation for violating their FRAND commitments.

13 days ago on Samsung wins US import ban on AT&T iPhone 4 and 3G iPads in ongoing patent dispute

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Then Samsung should be suing Intel. If Intel was selling parts it knew it had no license to, then they are the ones that are liable.

13 days ago on Samsung wins US import ban on AT&T iPhone 4 and 3G iPads in ongoing patent dispute

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No, it isn’t. The ITC is not able to make a decision based on that fact. All they are able to do is determine if Apple infringed.

13 days ago on Samsung wins US import ban on AT&T iPhone 4 and 3G iPads in ongoing patent dispute

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FRAND-encumbered patents should never have an injunction or import ban as an option. They just shouldn’t, especially when you’re talking about 3G patents.

Samsung will get their money, but they’ll also get an antitrust investigation alongside it.

13 days ago on Samsung wins US import ban on AT&T iPhone 4 and 3G iPads in ongoing patent dispute

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Because Apple doesn’t manufacture them. If you had been paying attention to what Apple does, they will invent things and then take them to partners to actually manufacture them. That doesn’t mean the patent isn’t valid, and it doesn’t mean Apple has done anything wrong by applying to them.

13 days ago on Samsung wins US import ban on AT&T iPhone 4 and 3G iPads in ongoing patent dispute 1 recommend

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Then Samsung should have pursued it in the courts as they are supposed to. FRAND patents don’t really allow them the ability to seek injunctions and import bans, since they are supposed to go through the courts to have the fair rate set.

13 days ago on Samsung wins US import ban on AT&T iPhone 4 and 3G iPads in ongoing patent dispute

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Actually, its not. The ITC was created to protect domestic companies. Since then, the scope of their duties has expanded.

13 days ago on Samsung wins US import ban on AT&T iPhone 4 and 3G iPads in ongoing patent dispute

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Not quite. Commissions are an oddity created out of the Progressive era. They straddle the powers of both executive and legislative and don’t answer to either. The only way they may be considered part of the executive is that’s where their funding comes from. Beyond that, they’re not.

13 days ago on Samsung wins US import ban on AT&T iPhone 4 and 3G iPads in ongoing patent dispute

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Which is how it should work. Nokia never sought an import ban, because that’s not how FRAND patents are supposed to be used.

14 days ago on Samsung wins US import ban on AT&T iPhone 4 and 3G iPads in ongoing patent dispute 1 recommend

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No they’re not. They’re a quasi-judicial branch that straddles both executive and legislative.

14 days ago on Samsung wins US import ban on AT&T iPhone 4 and 3G iPads in ongoing patent dispute 1 reply

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Motorola isn’t a good one to use as an example, because they demanded an outrageous 2.4% of the total device cost for their patents. During the Apple/Samsung trial we also got some pretty strong hints that Samsung’s demands were similarly unreasonable. We also found out Samsung tried to cancel licenses with chipmakers that were doing business with Apple, specifically so they could sue them, which is a violation of FRAND.

Negotiations are just that. If samsung felt apple wasn’t being genuine, then Samsung had an obligation under their FRAND contract to have a court decide the rate, which they didn’t do.

14 days ago on Samsung wins US import ban on AT&T iPhone 4 and 3G iPads in ongoing patent dispute 1 recommend

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Uh, Apple didn’t skip the courts, Samsung did. Apple couldn’t be the one to take it to the courts, because they’d literally be suing Samsung in order to pay them for their patents.

It was Samsung’s responsibility to take it to the courts if they weren’t getting anywhere with Apple in negotiations, but instead they skipped right to the ITC and an import ban. That’s why the ITC’s decision won’t hold up in court.

14 days ago on Samsung wins US import ban on AT&T iPhone 4 and 3G iPads in ongoing patent dispute 3 recommends

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The President will veto the ban while Apple pursues a remedy in court. The ITC is supposed to exist to protect domestic companies, which it obviously hasn’t done in this case. The ITC also ignored recommendations from the FTC, Congress, the Courts and the Executive that FRAND patents should not be used as the cause of an import ban.

Also, recent precedent in other cases (Motorola v. Microsoft) indicates that courts are not likely to side with companies using FRAND patents as weapons.

14 days ago on Samsung wins US import ban on AT&T iPhone 4 and 3G iPads in ongoing patent dispute 1 reply

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The words ‘Patent troll’ do not mean what you think they mean.

14 days ago on Samsung wins US import ban on AT&T iPhone 4 and 3G iPads in ongoing patent dispute 1 recommend

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Just because you haven’t heard of it doesn’t mean it doesn’t exist. The iPhone team existed for years inside of Apple and wasn’t known about until it was unveiled.

If apple applies for a patent on something, it is because they are actively pursuing it in their research labs.

14 days ago on Samsung wins US import ban on AT&T iPhone 4 and 3G iPads in ongoing patent dispute 1 reply 1 recommend

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Yep, and this only reinforces that. Samsung has none. They seek import bans on patents that should never have an import ban as an option.

14 days ago on Samsung wins US import ban on AT&T iPhone 4 and 3G iPads in ongoing patent dispute 1 reply

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FRAND patents don’t work like that. Samsung is not harmed by the use of these patents, because of the FRAND commitment they made. They are only entitled to a fair rate, nothing more or less.

There’s also the question of whether the part using the patents was already licensed. Samsung has been burned by that before.

14 days ago on Samsung wins US import ban on AT&T iPhone 4 and 3G iPads in ongoing patent dispute 1 reply

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The lawyers of Samsung won’t get any say in how much Apple gets charged. The court will determine that. If it is also proven that apple sought a license with a reasonable offer, Samsung will get no extra damages. (its doubtful they would anyways, unless apple flat out refused to buy a license)

14 days ago on Samsung wins US import ban on AT&T iPhone 4 and 3G iPads in ongoing patent dispute 1 reply

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This isn’t kindergarten. The law couldn’t, and shouldn’t, ever work like that.

14 days ago on Samsung wins US import ban on AT&T iPhone 4 and 3G iPads in ongoing patent dispute 2 recommends

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There’s a difference between winning based on design and utility patents, and winning based on standards essential patents that devices cannot operate without. An import ban is not appropriate for the latter, because there is literally no way to work around them.

14 days ago on Samsung wins US import ban on AT&T iPhone 4 and 3G iPads in ongoing patent dispute

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It wouldn’t have been, no. The ITC is not able to recommend FRAND rates. Only a court can do that. All the ITC can do is judge infringement.

14 days ago on Samsung wins US import ban on AT&T iPhone 4 and 3G iPads in ongoing patent dispute

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There is no evidence of that. If Samsung wasn’t offering Fair terms, Apple was not obligated to accept them.

Also, the other letters in that particular acronym are equally as important. It is not reasonable for Samsung to demand an import ban based on patents it is legally and contractually obligated to offer at fair prices. This is the reason Samsung is being investigated for abusing their SEPs.

14 days ago on Samsung wins US import ban on AT&T iPhone 4 and 3G iPads in ongoing patent dispute 2 recommends

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Apple used a totally different class of patents than Samsung has.

14 days ago on Samsung wins US import ban on AT&T iPhone 4 and 3G iPads in ongoing patent dispute

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Its far more likely it will get overturned than upheld. The FTC, congress, and the executive have all said import bans when FRAND SEPs are involved are not appropriate, and Samsung is currently under antitrust investigation for seeking those bans.

14 days ago on Samsung wins US import ban on AT&T iPhone 4 and 3G iPads in ongoing patent dispute

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I’ll let you in on a secret Verge: turnover happens all the time in big companies going through a restructuring. This is not news. If there wasn’t turnover, that would be news. Since there is, it indicates that HTC is deadly serious about getting rid of people that aren’t performing well.

28 days ago on HTC in disarray: staff departures, 'disastrous' First, and production problems cloud company's future 1 recommend