iPhone 4, iPad 2 Get US Import Ban
Bent Spoke writes "The U.S. trade agency has banned the import of older Apple iPhone and iPad models due to the violation of a patent held by Samsung (PDF). 'The president can overturn the import ban on public-policy grounds, though that rarely happens. Apple can keep selling the devices during the 60-day review period. ... Apple pledged to appeal the ITC decision. The underlying findings will be reviewed by a U.S. appeals court specializing in patent cases. ... The decision could mean fewer choices for AT&T and T-Mobile customers who want to get an iPhone without paying the higher cost of the iPhone 5. Samsung told the commission that Cupertino, California-based Apple could drop the price of the iPhone 5 if it was worried about losing potential customers. All of the iPhones are made in Asia.' It's getting so complicated we need a scorecard to keep track of who's winning these offensive patent battles in the smartphone coliseum."
If we're lucky Apple will realise that patent reform is in their best interests as well as ours. More likely though is that this will be seen by Apple as a sign they need to step up their legal activities even further.
I know there will be apologists but Apple really brought this upon themselves with their frivolous lawsuits based on patenting rounded corners and their seeking of bans of other devices. Whilst the rest of the phone manufacturers have all joined in the same rotten game, and many were playing at it before Apple, it was the Cupertino based company that (in my view) turned to the courts as their primary competitive strategy.
Let the flamewar begin!!
What strikes me as how both the interviewee's in the news clip shown in the TFA constantly confuse the terms "around the country" and "around the world". Americans' are bred thinking that the country and the world are one of the same. These Freudian slips are just proof of their cultural ignorance.
If Obama did overturn the ITC I'd ask the question, why even allow Samsung the freedom to file cases against Apple in the first place? I'd say if Obama did overturn the decision (no matter the ethics behind the decision) it's just proof that the USA is doomed. Ideally the Govt should be held accountable to it's respective laws, that fact a committee even exists for this sort of thing just highlights how Totalitarian the US has become.
And someone explain WTF "public-policy" is?
1. Phones exist (very important logical point I believe).
What a revelation.
2. American company asks an Asian company to make a new type of phone based on a set of blue prints that the American company provides.
Yeah.
3. Asian company builds a machine that makes said blue prints.
'said blue prints'? So a machine that makes the exact blueprints that were sent to them such that the american company did nothing other than turn on the machine that makes the blue prints and sent the output to the asian company? Or did the american company create them somewhere and just print them out on the blue print making machine?
4. American company asks for X number of phones to be built. Asian company delivers X number of phones.
That's generally how it works.
5. Asian company realises they can make Y number of phones which is x2 as much as X.
Y number of what phones? The ones the American company contracted them to make? Or different ones? Or are they built from the output of the asian blue print making machine?
6. Asian company sells X-Y=Z phones
So they sell -X phones? According to point 5 Y = 2X so given the above Z = -X.
which in turn pisses off the American company.
Damn straight, they're selling negative phones instead of building phones they were contracted to build!
So who sues who?
The guy who came up with the idiotic math, then we praise the blue print making machine that made the Americans redundant and wonder what the fuck the Asians are doing.
...that a US company can't sell their product in the US because of an import ban on that product?
No need for a scorecard. As always, the patent lawyers are winning, and the consumers are losing.
This sort of shitty competition through litigation was vile when Apple did it to Samsung, and it's equally vile when Samsung do it to Apple. Showing more and more why we desperately need patent reform. I'm not even that concerned about the impact on Apple and Samsung - it's the smaller players who can be crushed by litigation like this that I've got more sympathy for.
++ Say to Elrond "Hello.".
Elrond says "No.". Elrond gives you some lunch.
Apple has more than 400 FRAND patents mostly acquired from Nortel, but they decided to never sue based on FRAND patents.
Samsung ask 2.5% of the price of the whole iPhone as a "reasonable and fair" price. This is exactly what Motorola ask to Apple and Microsoft as well for FRAND patentd. Recently, a court has considered that in a Motorola vs Microsoft case, a fair price would be 1/2000 to what Motorola asked.
Nobody can seriously think that 2.5% rate is a fair price as there are thousands of FRAND patents involved in any smartphone concerning 3G, 4G, WiFi, Bluetooth etc.