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Old Jul 25, 2013, 01:54 PM   #1
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Verizon Lawyer Calls for Apple v. Samsung Presidential Intervention to Prevent iPhone Ban




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.
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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.
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."

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.
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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.
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
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Old Jul 25, 2013, 01:55 PM   #2
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This is a surprising development. When might we hear more?
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Old Jul 25, 2013, 01:57 PM   #3
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The lawyer is worried because he cant afford the newer iphone only the 4s!
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Old Jul 25, 2013, 01:59 PM   #4
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the low cost iphone as a replacement for the 4s makes more sense now
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Old Jul 25, 2013, 01:59 PM   #5
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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.
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Old Jul 25, 2013, 02:00 PM   #6
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How does this even matter if the 4S (and lower) are rumored to be discontinued soon anyway?
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Old Jul 25, 2013, 02:00 PM   #7
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Here's a lawyer I can stand by!
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Old Jul 25, 2013, 02:01 PM   #8
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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?
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Old Jul 25, 2013, 02:04 PM   #9
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Quote:
Originally Posted by Pablo90 View Post
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?
That was my thought when I read it.
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Old Jul 25, 2013, 02:06 PM   #10
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I'm pretty sure the president has more pressing matters to attend to than to worry about Samsung and Apple's pissing contest.
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Old Jul 25, 2013, 02:06 PM   #11
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Originally Posted by oacory View Post
That was my thought when I read it.
It's 4G (the US Marketing hyped version).
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Old Jul 25, 2013, 02:08 PM   #12
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Quote:
Originally Posted by Pablo90 View Post
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?
Quote:
Originally Posted by oacory View Post
That was my thought when I read it.
"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.
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Old Jul 25, 2013, 02:09 PM   #13
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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!!
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Old Jul 25, 2013, 02:09 PM   #14
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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.
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Old Jul 25, 2013, 02:10 PM   #15
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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.
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Old Jul 25, 2013, 02:11 PM   #16
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Quote:
Originally Posted by Pablo90 View Post
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?
"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.
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Old Jul 25, 2013, 02:11 PM   #17
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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.
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Old Jul 25, 2013, 02:12 PM   #18
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Originally Posted by Dontazemebro View Post
I'm pretty sure the president has more pressing matters to attend to than to worry about Samsung and Apple's pissing contest.
Lobbyists and corporate donors disagree
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Old Jul 25, 2013, 02:14 PM   #19
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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`.
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Old Jul 25, 2013, 02:16 PM   #20
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In 2 more months, those aforementioned Apple products will have been discontinued. Duh!
Then 2 sides can settle the $ score.
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Old Jul 25, 2013, 02:16 PM   #21
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Quote:
Originally Posted by jmh600cbr View Post
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.
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!
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Old Jul 25, 2013, 02:19 PM   #22
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Quote:
Originally Posted by Peace View Post
"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.
Wait, I thought CDMA pertained only to Verizon. AT&T uses GSM.
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Old Jul 25, 2013, 02:21 PM   #23
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Quote:
Originally Posted by Technarchy View Post
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Steve Jobs, January 9th 2007, 10:44am: "We filed for over 200 patents for all the inventions in iPhone and we intend to protect them."
Oddly appropriate signature!
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Old Jul 25, 2013, 02:23 PM   #24
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Originally Posted by joecool99 View Post
* 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.
Maybe if we keep saying that a few more times, it'll fix it.
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Old Jul 25, 2013, 02:26 PM   #25
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Originally Posted by ritmomundo View Post
How does this even matter if the 4S (and lower) are rumored to be discontinued soon anyway?
Quote:
Originally Posted by Pablo90 View Post
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?
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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