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"If the ITC finds that a product infringes even a single one, it can stop the product at the border."

So, how many planes full of iPhone 4's can Apple get in the country before August 5th? Once they are in, they're ok?
 
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.


The big problem with this whole thing is that Samsung got slapped with the same kind of import ban and had to comply.

Apple will need to comply.
 
What this article didnt mention is that Apple refused to license the patent from Samsung and that is why the ban was approved along with finding that they did infringe on the patent. And for those asking why wasn't Verizon phones covered, if I remember correctly, the patent was related to GSM 3G technology.
 
No one seemed to care when Samsung was blocked from the Australian market for a year. I'm not sure why they're suddenly concerned when it affects them.
 
What's the alternative? All older iPhones get upgraded to 5 at the carrier's expense?
 
The big problem with this whole thing is that Samsung got slapped with the same kind of import ban and had to comply.

Apple will need to comply.
No one seemed to care when Samsung was blocked from the Australian market for a year. I'm not sure why they're suddenly concerned when it affects them.

Was it for the same type of minor patent or some other major component?

What this article didnt mention is that Apple refused to license the patent from Samsung and that is why the ban was approved along with finding that they did infringe on the patent. And for those asking why wasn't Verizon phones covered, if I remember correctly, the patent was related to GSM 3G technology.

What was Samsung trying to charge for the license fee? Maybe they wanted $50B. Do we have any way of know if the offer was anywhere close to reasonable?
 
Was it for the same type of minor patent or some other major component?



What was Samsung trying to charge for the license fee? Maybe they wanted $50B. Do we have any way of know if the offer was anywhere close to reasonable?

Dont know what they were asking for but it is a FRAND(fair, reasonable, and non-discriminatory terms) patent so they cant ask anyone who is willing to license the patent outrageous terms. I presume it means they also cant try and charge someone more for it if they offered it for less to someone else.
 
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.

It's 4G (the US Marketing hyped version).

I am a bit rusty -it's been ages since I worked on stuff like that- but GSM's 3G data is actually a type of CMDA, developed by Qualcomm. GSM voice uses an enhanced version of TDMA (Time division Multiple Access) that is great for voice, but does not provide a continous stream required for data, hence the data portion of GSM is actually a version of CDMA (Code division multiple access).
 
Can you hear me now?

It is time to reduce the legal clutter. How about legally requiring software patent trolls without an actual product or any significant ongoing work to show for a product be required to transfer the patent to the public domain rather than invalidate the patent? No opportunity to sell the trolled patent and reduced to no opportunity to regain the patent based on prior offenses. Also based on prior offenses, reduce the number of patents a party can apply for or be transferred to, creating a time based probationary period. The transfer to public domain portion would afford the opportunity to clean up multiple cases in the court system at the same time. If a party as a valid patent but is unable to prove they had been working on it or actively using it in products, while they may loose rights to sell and license, they maintain the ability to market products within the lost patent because it is not available to anyone. Basically it has some potential to hurt the good guy but has a great deal more potential to hurt the troll guy.

It will eventually create an environment where individual owners can assess the value of an individual patent and actively clean up shop and put them in the PD when the usefulness is over.

In simpler terms, some kid cannot come to the playground, claim the big red ball as his own and share with nobody. This adds a playground whistle and time out with possible after school detention for that kid, and there are no balls in time out.

As I understand the current system there isn't much of a time out area and the bully can take the ball as long as he knows he is bigger or can run better.


Perhaps Verzion has seen the future of where patent bickering is going and has seen this as a possible outcome.
 
I think the White House should veto the ban but might not want to because they still hold a grudge from other disputes they've had with Apple.
 
I'm pretty sure the president has more pressing matters to attend to than to worry about Samsung and Apple's pissing contest.

Well yeah, and then he'll remember he's president and the lobbyists will come calling. Come on man...
 
Why does this matter? Hopefully Apple plans to get rid of the iPad 2 during the iPad refresh in September, then it might have to hobble a bit until October when the 4S will replace the 4 or an entirely different budget iPhone will come out.
 
Apple already stated that same song asked too much for this frand license. Also, recent news said that Samsung is pressing apple for broad cross-licensing agreement. Probably samsung wants access to all important apple patents.
 
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!

Take that as you will but what i clearly meant is that exact replicas are obviously not ok, but things as simple as pinch to zoom, or square icons, or a camera on the left side of the display are not things to argue over.

when i was a kid my best friend rode his bike passed my house with 2 wheels, i turned to my father and said take the training wheels off. so he did and guess what? i jumped on and rode as well as my friend. I even went on to become a road biker and he a hockey player. Does that mean my accomplishment wasn't as good as his? because i was second? If anything, his move to two wheels showed me that i could go even further than two wheels.
 
How strange for Verizon to call on our marginally documented president. I would expect that simply threatening not to carry any older Samsung devices would get the ban lifted just as well without having to get politicians involved.
 
"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."

Patent abuse? If it's not apple pushing people around it's patent abuse?

*Yes, I know it's not YOUR statement.
 
The big problem with this whole thing is that Samsung got slapped with the same kind of import ban and had to comply.

Apple will need to comply.

No, not the same kind of ban.

This is about Standard Essential Patents, and the threat to use them to against a company that does not agree with the terms or the amount of the royalty. It is not about whether royalty payments must be made.

The ITC is in error on this, plain and simple.
 
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