Companies Lining Up in Support of Apple Ahead of Potential Older Model iPhone/iPad Ban in U.S.

[MacRumors]

Following last week's opinion piece from Verizon attorney Randall Milch outlining why the carrier objects to the impending U.S. ban on imports of older iPhone and 3G-capable iPad models, The Wall Street Journal notes that a number of other companies and regulators are lining up in support of Apple in the case.

Rather than taking a position on the details of the case, which revolve around a Samsung patent categorized as essential for 3G wireless functionality and thus subject to licensing under FRAND (fair, reasonable, and nondiscriminatory) terms, the companies are primarily objecting to the precedent of allowing products to be banned based on rulings of infringement of such patents.

AT&T said the ITC [International Trade Commission] ruling would eliminate a popular low-cost iPhone for AT&T customers and was "inconsistent with the president's goal of ubiquitous broadband deployment."” [...]

BSA, a trade group representing software makers including Microsoft Corp. and Oracle Corp. and chip maker Intel Corp., said the use of essential industry patents to ban products shouldn't be allowed except under unusual circumstances.

Intel is scheduled to testify at the Senate hearing and previously filed its concerns with the ITC.

The report indicates that antitrust officials from the Justice Department and the Federal Trade Commission have also been weighing in on the matter with their fears that companies may be unfairly wielding their standards-essential patents to hamper competition in the marketplace. For their parts, Apple and Samsung have disagreed over whether fair licensing offers have been made in the on-and-off negotiations over the relevant intellectual property.

The import ban is set to take effect on August 4, barring a veto by the executive branch of the government, which would come through U.S. Trade Representative Michael Froman. An executive branch veto of an ITC order would be a significant move, as such a veto has not been issued since 1987.

Article Link: Companies Lining Up in Support of Apple Ahead of Potential Older Model iPhone/iPad Ban in U.S.

 

[SSD-GUY]

Apple paying everyone off as per usual.

 

[ThatsMeRight]

In September, or October, these products would have been removed from Apple's line-up anyway (because of new iPhones and iPads).

 

[heov]

Very analogous to bailouts and "too big to fail."

Would people have been speaking up about setting precedents if it were a smaller company?

 

[WiiDSmoker]

That's what happens when you play with fire apple. Reap what you sow.

 

[keysofanxiety]

Apple paying everyone off as per usual.

With respect, did you even read the article? Samsung have something patented that is essential for 3G to work. That isn't just limited to Apple, that includes every single manufacturer who have 3G working on their smartphones.

Samsung = extremely dangerous, and considering how much they contribute to the Korean economy they have a lot more political power than people think.

 

[Four oF NINE]

An outright ban would be an unfortunate development, and contrary to FRAND

 

[WiiDSmoker]

With respect, did you even read the article? Samsung have something patented that is essential for 3G to work. That isn't just limited to Apple, that includes every single manufacturer who have 3G working on their smartphones.

Samsung = extremely dangerous, and considering how much they contribute to the Korean economy they have a lot more political power than people think.

So you're saying Samsung shouldn't be able to protect their inventions and patents? Or because it affects your precious apple? Apple made it clear that they are protecting their iPhone patents. Samsung are doing the same.

This is apples game they started.

 

[ValSalva]

Apple paying everyone off as per usual.

I don't think so. This patent Samsung is using is pretty basic. Not esoteric at all. Other companies don't want the rug pulled out from under them either.

Say what you will about all the other Samsung versus Apple patent mess, this one was apparently the most inappropriate use of a patent by one company against another in the industry in quite some time.

 

[FloatingBones]

With respect, did you even read the article? Samsung have something patented that is essential for 3G to work. That isn't just limited to Apple, that includes every single manufacturer who have 3G working on their smartphones.

Samsung = extremely dangerous, and considering how much they contribute to the Korean economy they have a lot more political power than people think.

Bingo. With their actions in this case, Samsung has lost any hope of having the moral high ground in the high-tech patent wars.

So you're saying Samsung shouldn't be able to protect their inventions and patents? Or because it affects your precious apple? Apple made it clear that they are protecting their iPhone patents. Samsung are doing the same.

You're trying to compare an Apples to FRANDs. That will always be a FAIL.

This is apples game they started.

If that were true, you should be able to show some case where Apple failed to provide FRAND licensing for some essential technology. What exact Apple patents are you talking about?

 

[peteullo]

Apple always wins... Even when they lose, they win!

 

[daneoni]

Apple paying everyone off as per usual.

Read more, post less.

 

[Rogifan]

So you're saying Samsung shouldn't be able to protect their inventions and patents? Or because it affects your precious apple? Apple made it clear that they are protecting their iPhone patents. Samsung are doing the same.

This is apples game they started.

I guess you don't understand what FRAND means....or you're just trolling....

 

[TEG]

The instant something becomes an essential part of an international standard, all patent rights should be transferred to the standards group for a set fee. Individual companies should not be allowed patents over these standards, otherwise you risk unfair leverage against newcomers to the markets, and the possibility of fracturing the standards if someone doesn't want to pay.

 

[lazard]

Next time Apple should just pay the licensing fee like everyone else.

 

[Unggoy Murderer]

So you're saying Samsung shouldn't be able to protect their inventions and patents? Or because it affects your precious apple? Apple made it clear that they are protecting their iPhone patents. Samsung are doing the same.

This is apples game they started.

No, Samsung have every right to protect their property. They don't have the right to not licence key technology that's required for millions, perhaps even billions of devices. FRAND was the key, you missed it.

Samsung didn't play ball, and once again, the've been caught out.

 

[jasvncnt]

The instant something becomes an essential part of an international standard, all patent rights should be transferred to the standards group for a set fee. Individual companies should not be allowed patents over these standards, otherwise you risk unfair leverage against newcomers to the markets, and the possibility of fracturing the standards if someone doesn't want to pay.

like........a flat, clear, black-colored, rectangular front surface with four evenly rounded corners

 

[lazard]

No, Samsung have every right to protect their property. They don't have the right to not licence key technology that's required for millions, perhaps even billions of devices. FRAND was the key, you missed it.

Samsung didn't play ball, and once again, the've been caught out.

More like Apple tried to lowball Samsung and failed.

 

[duffman9000]

So you're saying Samsung shouldn't be able to protect their inventions and patents? Or because it affects your precious apple? Apple made it clear that they are protecting their iPhone patents. Samsung are doing the same.

This is apples game they started.

No, Samsung have every right to protect their property. They don't have the right to not licence key technology that's required for millions, perhaps even billions of devices. FRAND was the key, you missed it.

Samsung didn't play ball, and once again, the've been caught out.

Blame the WiiD?

----------

More like Apple tried to lowball Samsung and failed.

Proof? I didn't know negotiations were public?.

 

[dannyyankou]

I thought they were planning on discontinuing older models this fall anyway?

 

[bassfingers]

Good.

Maybe my family and friends will stop buying those cheaper products just to save a few bucks. It's so irritating because I know in 12 months they'll be saying "this thing is slow and it sucks. Maybe I shouldn't have switched to apple" But nobody wants to hear "I told you to just spend another 100 dollars"

 

[Glideslope]

Sit back and grab some popcorn. This is going to be BIG. This is no longer Apple vs Samsung. It's the US Telecomm Industry vs Samsung.

Barry Obama is going to have to choose.

 

[lazard]

Blame the WiiD?

----------



Proof? I didn't know negotiations were public?.

Go back to the lawsuit thread. It was brought up by the lawyers.

 

[samcraig]

Blame the WiiD?

----------



Proof? I didn't know negotiations were public?.

I'm not sure full details are either.

Suffice to say - talks broke down. Finger pointing doesn't solve the problem. And clearly if someone is biased - they will target the company they aren't supporting.

Sounds to me like both parties should agree to mediation to solve this - with both parties accepting whatever terms are presented. They obviously can't do it themselves.

 

[oliversl]

Samsung: using FRAND patents because they are so wrong, a new low for a tech company.