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Verizon Lawyer Calls for Apple v. Samsung Presidential Intervention to Prevent iPhone Ban

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Ahead of an upcoming import ban on older Apple devices, Verizon attorney Randal Milch has published an open letter via The Wall Street Journal, calling for presidential intervention in the case to veto the ban.
High-tech products can implicate thousands of patents. If the ITC finds that a product infringes even a single one, it can stop the product at the border. But that's basically it. The commission can't levy much in the way of a lesser penalty. In the end the consumer suffers when the use of such an enforcement tool is unwarranted.
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The import ban was originally scheduled back in June, after the U.S. International Trade Commission reached a decision on an ongoing Apple vs. Samsung patent case. The ITC ruled that Apple infringed on Samsung Patent No. 7,706,384, entitled "Apparatus and method for encoding/decoding transport format combination indicator in CDMA mobile communication system."

iphone4s-500x365.jpg
A cease and desist order was issued on several Apple products, including AT&T models of the iPhone 3GS and 4, the iPad 3G, and the iPad 2 3G. The ban did not go into effect immediately, however, as such rulings are given a 60 day window for the White House to intervene.

Though Verizon is not directly affected by case as it pertains solely to AT&T products, Milch believes that such a ban would further encourage patent abuse.
What we have warned is that 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. 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.
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While a presidential veto on an ITC decision has not happened since 1987, Milch suggests that intervention is necessary when the patent holder is not using the technology (as is often the case with patent trolls), when the patent holder has agreed to license the patent on reasonable terms, or when the infringement is unimportant to the overall product. Apple's infringement on Samsung's patent falls into the third category.

"There are more than 250,000 patents relevant to today's smartphones," Milch writes. "It makes no sense that exclusion could occur for infringement of the most minor patent."

Without intervention, the cease and desist order on Apple products will go into effect on August 5, 2013. Apple has filed for an appeal and has also requested a stay on the ban.

Article Link: Verizon Lawyer Calls for Apple v. Samsung Presidential Intervention to Prevent iPhone Ban
 
Article Link
https://www.macrumors.com/2013/07/25/verizon-lawyer-calls-for-apple-v-samsung-presidential-intervention-to-prevent-iphone-ban/
joecool99

joecool99

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Aug 20, 2008
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so what. apple will discontinue those products anyway this fall.
apple is just buying time. next.

* however as a principle, this ridiculous patent war is out of hand. the whole system of patents need a major overhaoul how they are awarded and enforced.
 
P

Pablo90

macrumors member
Aug 21, 2010
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I'm not sure I'm following: isn't Verizon CDMA? Then why is only AT&T (which is not CDMA) concerned by this ban?

Doesn't the patent concern CDMA technologies?
 
Peace

Peace

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Pablo90 said:
I'm not sure I'm following: isn't Verizon CDMA? Then why is only AT&T (which is not CDMA) concerned by this ban?

Doesn't the patent concern CDMA technologies?
Click to expand...

oacory said:
That was my thought when I read it.
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"Though Verizon is not directly affected by case as it pertains solely to AT&T products, Milch believes that such a ban would further encourage patent abuse."

Perhaps Verizon wants to stop all this patent trolling stuff and potential lawsuits against Verizon in the future.
 
T

Tones2

macrumors 65816
Jan 8, 2009
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0
Just settle this by a decision that Apple owes Samsung one billion dollars, then just call this whole stupid patent mess even, and MOVE ON!! :)
 
jmh600cbr

jmh600cbr

macrumors 65816
Feb 14, 2012
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I think we have seen a major decline in lawsuits since the passing of Jobs, or at least it is out of the media's eye as much. I truly think that these lawsuits are a waste of resources, considering the back and forth money transfer, and there is no winner. Everyone should make the best product they can, and do their best not to copy, without suing and making it all about the lawsuit.
 
scbn

scbn

macrumors 6502
Jul 25, 2010
272
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This is another ridiculous thing about the U.S. patent system. You can use a trivia patent to stop a product from coming to this country.
 
M

makingdots

macrumors 6502
Aug 14, 2008
312
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Pablo90 said:
I'm not sure I'm following: isn't Verizon CDMA? Then why is only AT&T (which is not CDMA) concerned by this ban?

Doesn't the patent concern CDMA technologies?
Click to expand...

"Though Verizon is not directly affected by case as it pertains solely to AT&T products, Milch believes that such a ban would further encourage patent abuse."

Good Guy Verizon.
 
jfx94

jfx94

macrumors regular
May 22, 2013
134
17
where ever I am at.
If I remember right, code division multiple access applies to AT&T's standard for "4G" as well as Verizon's traditional technology.

I may be wrong though... It's been a while since I really cared about some of that stuff.
 
2

2bikes

macrumors 6502
Mar 9, 2012
420
4
And by that time Apple will release the low-cost iPhone.

Maybe this is one more reason for Apple to come up with `low-cost iPhone`.
 
tdtran1025

tdtran1025

macrumors 6502
Dec 26, 2011
275
0
In 2 more months, those aforementioned Apple products will have been discontinued. Duh!
Then 2 sides can settle the $ score.
 
2

2bikes

macrumors 6502
Mar 9, 2012
420
4
jmh600cbr said:
I think we have seen a major decline in lawsuits since the passing of Jobs, or at least it is out of the media's eye as much. I truly think that these lawsuits are a waste of resources, considering the back and forth money transfer, and there is no winner. Everyone should make the best product they can, and do their best not to copy, without suing and making it all about the lawsuit.
Click to expand...

Do their best not to copy? Hahahaha.... So it`s okay to copy if you try your best not to but end up copying? LOL!
 
D

donutbagel

macrumors 6502a
Jun 9, 2013
932
1
Peace said:
"Though Verizon is not directly affected by case as it pertains solely to AT&T products, Milch believes that such a ban would further encourage patent abuse."

Perhaps Verizon wants to stop all this patent trolling stuff and potential lawsuits against Verizon in the future.
Click to expand...

Wait, I thought CDMA pertained only to Verizon. AT&T uses GSM.
 
K

KPOM

macrumors P6
Oct 23, 2010
18,031
7,872
ritmomundo said:
How does this even matter if the 4S (and lower) are rumored to be discontinued soon anyway?
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Pablo90 said:
I'm not sure I'm following: isn't Verizon CDMA? Then why is only AT&T (which is not CDMA) concerned by this ban?

Doesn't the patent concern CDMA technologies?
Click to expand...

It's more the precedent. The letter to the WSJ even states that Verizon isn't directly affected since only AT&T iPhones are affected. However, Verizon is concerned that the ITC's sole remedy (import bans) is ill-suited for many patent disputes, particularly where the "injured party" has licensing agreements with others, and thus has already concluded that royalties are sufficient compensation. Unfortunately, the ITC can't award royalties (but a federal court can). The ITC can only impose import bans.

The issue isn't one particular phone. It's whether or not patent disputes will lead to a more widescale disruption in the industry if manufacturers successfully win import bans based on minor patents.
 
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