The International Trade Commission (ITC) bans imports of certain models of Apple (NASDAQ:AAPL) iPhone and iPad. It's the latest in Samsung's spat over Apple's alleged failure to license the Korean company's standards-essential patents, which should be offered on terms that are fair, reasonable, and non-discriminatory (FRAND).
In IT Blogwatch, bloggers are shocked. SHOCKED!
Your humble blogwatcher curated these bloggy bits for your entertainment.
Nancy Weil reports:
Apple infringed a Samsung Electronics patent, the U.S. [ITC] said in a final judgment. ... The ITC began an investigation on Aug. 1, 2011, after Samsung filed a complaint...in what has been a multiple-pronged legal battle...around the world.
The ITC also went a step further, issuing a cease-and-desist order so that Apple is forbidden from selling any inventory of those iPhones and iPads that it has already imported into the U.S.
The ruling confirms "Apple's history of free-riding on Samsung's technological innovations," Samsung said. MORE
John Paczkowski pokes fun at all things:
An unexpected victory for Samsung in its patent battle with Apple. ... [It] affects only AT&T iPhones prior to the iPhone 4S and the iPad 2 and earlier, so it’s not a devastating blow. ... Still, a ban is a ban.
“We are disappointed that the Commission has overturned an earlier ruling and we plan to appeal,” [said] Apple. MORE
Carly Page notes the silver lining for Cupertino:
However, Apple does have a chance to keep the products on shelves. ... Barack Obama...will have 60 days to review [it]. If the White House isn't happy with the ITC's decision it will have no effect. MORE
OK, deep breath... Ready? Here's the Fair And Balanced Florian Müller:
...older iPhones and iPads...were found to infringe a cellular standard-esential patent (SEP)...U.S. Patent No. 7,706,348. ... Formally the decision also relates only to the AT&T versions of those older products, but Samsung reserved the right to allege infringement by Apple products running on other networks.
I can't believe that the ITC has completely thrown out Apple's FRAND defense. ...it is quite possible that the White House will veto the ITC's decision. ... [And] a cease-and-desist order...remedy was denied to Apple when it won an import ban against HTC over a non-SEP. ...if Congress doesn't move quickly, other SEP abusers might be able to leverage today's decision. MORE
Confused? John Sykes offers his best shot:
Apple just used the patented chips for their devices without asking Samsung first [and] saying “It’s no problem because it’s FRAND patents.” That is why Apple is criticized for abusing FRAND.
Apple didn’t do what they are supposed to do in the first place. [Instead] Apple kept saying...“Because it’s FRAND patent, it doesn’t matter to use the component with patented technology prior to the deal. Even though we couldn’t make a deal with Samsung, we will sell the devices regardless.” Absurd. MORE