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How Will President Obama Rule on Apple vs. Samsung?

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rick merritt
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More twists and turns
rick merritt   8/2/2013 10:53:07 AM
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Another fascinating moment in the on-going Apple vs. Samsung legal brawl

I was lucky to be abkle to sit in on much of the San Jose case last year.

See  2012-08-10Apple-Samsung trial coverage
Interestingly in June, the White House came out with a report about the negative impacts of aggreessive patent asseretion, recommending, among other things, reining in the heavy use of the ITC.
See http://www.whitehouse.gov/sites/default/files/docs/patent_report.pdf


BrianBailey
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Re: More twists and turns
BrianBailey   8/2/2013 11:01:48 AM
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I have witnessed a trial in the ITC, and it is quite strange. At the beginning of the trial a time limit was set and the judge made it quite clear there would be no extension because he was going on vacation. If the matter had not been srious it would have been comical at times.

JanineLove
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Re: More twists and turns
JanineLove   8/2/2013 11:16:23 AM
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Moments like this make me want to harken back to Lincoln's promise: "that we here highly resolve that these dead shall not have died in vain...and that government of the people, by the people, for the people, shall not perish from the earth." This frustrating power wrangling/money grabbing needs some practical streamlining. Hope things get cleared up soon.

C VanDorne
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Re: More twists and turns
C VanDorne   8/5/2013 2:07:55 PM
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"...of the people, by the people and for the people" has been replaced with "..at the people, by Obama and for his friends".  And to be included in the latter you need to get on the list.  How do you do that?  You pay...usually either with effort (culling mass votes) or cash (campaign donations).  But in Apples case their tribute will come in the form of ceding control of their Apps services to the Collections...uhhh, I mean, "Justice" Department in the OTHER impending legal matter in which they find themselves on the outs.

This article starts out with an insulting civics lesson. We've all watched The Sapranos, right?  It seems that's the only civics lesson one needs these days.

Gosh, I'm in a great mood today.

BrianBailey
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Re: More twists and turns
BrianBailey   8/5/2013 5:26:49 PM
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@C VanDorne - Sorry that you felt the lesson in civics was unnecessary, but most of the world does not know how the government of the US is put together. This publication reaches a worldwide audience and it is important to ensure that they understand who and why these types of decisions get made. I am glad that you also added another aspect of US government, which to put the record straight - applies to all of the political parties in this country.

C VanDorne
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Re: More twists and turns
C VanDorne   8/7/2013 10:30:17 AM
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@BrianBailey - Touché on the world-wide coverage and my apologies to all my parliamentary peeps out there.

As for your other comment about putting "the record straight...both parties" and so on, I would like to make clear that I did not intend my creative, pointed and sardonic re-write of Lincoln "..at the people, by Obama and for his friends"...to be directed at anyone but Obama and his party.  This blatant, rapacious Mobocracy that we are moving toward (The Chicago Way, if you will) is something rather new at the national level and your attempt to equivocate is highly debatable.

C VanDorne
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Re: More twists and turns
C VanDorne   8/7/2013 10:49:30 AM
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But...in the spirit of appropriateness I'll leave you with one of my father's unforgettable comments about modern times: The Democrats'll screw you seven days a week.  The Republicans take the weekends off.

Etmax
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Re: More twists and turns
Etmax   8/7/2013 4:04:45 AM
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That revival is long overdue. An amazing amount of what gets ruled on in courts these days is unconstitutional

DesDizzy
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Re: More twists and turns
DesDizzy   8/2/2013 8:25:15 PM
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As usual we are making something complicated which is really quite simple. Samsung is trying to abuse the FRAND process to gain a competitive advantage. This is clear from its actions in the US and Europe. The case should be thrown out and judicial action should be taken against Samsung. I'm not sure if Samsung is an advertiser withinEET and this is the reason why your publication is reluctant to criticise Samsung. They have been shown to be very comfortable in cheating (gaming performance scores in their devices), stealing intelectual property, paying to have developers marketing their products and paying for bloggers to disparage competitor products on sites like this. Lets not beat about the bush here.


Tom Murphy
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Nada
Tom Murphy   8/2/2013 12:01:01 PM
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I doubt very much that Obama would overrule the ITC, which -- as noted -- is an appointed body designed to make informed ruling in the interest of the US.  It would be like the president stepping in to overrule the FCC on Internet regulations, or overruling the EPA in a major environmental decision.   Any US intervention would likely have a minimal impact on the case in the International courts, anyway, because -- as noted -- they make their own decisions.

BrianBailey
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Re: Nada
BrianBailey   8/2/2013 12:39:05 PM
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I am not even sure that I agree with the existance of the ITC. Why is it not a standard part of the judicial system? The fact that it is in some ways outside the law is why companies choose to do their battles there. This should be a function of the Court of International Trade.

Wnderer
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Re: Nada
Wnderer   8/2/2013 2:21:09 PM
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You might be interested in the article "The Rise of the Fourth Branch of Government"

http://jonathanturley.org/2013/05/26/the-rise-of-the-fourth-branch-of-government/


"The judiciary, too, has seen its authority diminished by the rise of the fourth branch. Under Article III of the Constitution, citizens facing charges and fines are entitled to due process in our court system. As the number of federal regulations increased, however, Congress decided to relieve the judiciary of most regulatory cases and create administrative courts tied to individual agencies. The result is that a citizen is 10 times more likely to be tried by an agency than by an actual court. In a given year, federal judges conduct roughly 95,000 adjudicatory proceedings, including trials, while federal agencies complete more than 939,000."

tpfj
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Why only older iPhones?
tpfj   8/2/2013 1:01:04 PM
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So it is essential to older iPhones but not newer ones? When did essential suddenly become no-essential? I know for sure 3GPP didn't suddenly change its standard. Anyone more familiar know what gives here?

BrianBailey
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Re: Why only older iPhones?
BrianBailey   8/2/2013 1:19:40 PM
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No, it is more a matter that the case was brought before the newer ones were launched.

tpfj
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Re: Why only older iPhones?
tpfj   8/2/2013 1:23:31 PM
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So if a company keeps adding one to each product release, even though essentially the same product, they avoid an ITC ruling? Seems broken to me and an easy way to escape a ban?

BrianBailey
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Re: Why only older iPhones?
BrianBailey   8/2/2013 1:40:31 PM
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The same applies to any of the other courts. If a product were not included in the original suit there has been no discovery on the new device to determine if it infringes. Now in the case it is an essential patent, so not as clear that any discovery would have been required,

_hm
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Diplomatic Truce
_hm   8/2/2013 6:27:58 PM
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As evident from common sense there is no correct answer. Obama can work well as diplomat and with its power of language and being president, will create truce between Apple and Samsung.

 

_hm
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Re: Diplomatic Truce
_hm   8/5/2013 9:36:47 AM
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President Obama had a very good chance to pratice prudent diplomatic policy and bring Apple and Samsung closer and more oriented towards more innovation. However, this looks failure may be due to lack of time or lack of efforts. It is not tool late for them to convince their logic to South Korean people.

 

Charles.Desassure
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It's Election time again...
Charles.Desassure   8/3/2013 11:45:40 AM
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Thanks for your wonderful article and trying to explain a complicated process such as the American government, the Court of International trade (CIT) and the International Trade Commission (ITC) laws within and article.  You have indeed earned your paycheck  for the year.  But this is not a situation that will be solved within a few years.  It is likely that everyone will go back to court and there will be more appeals.  You see, in America, if you have money, there is always a hidden law that can be applied if lawyers have more time to research information for the case.  In terms of being heard by the President in this case.  President Obama has more pressing issues like foreign affairs to be concerned about at this time.  By the time this issue goes to court again.... it will be election time.  I look forward to seeing your follow article to this one within the next few years.

jaybus0
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Re: It's Election time again...
jaybus0   8/6/2013 9:05:05 AM
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This has less to do with the current President and more to do with the ITC. The ITC has been around since 1916, but the Trade Act of 1974 added the so called "Fast Track" authority that all but gives the President carte blanc powers to negotiate trade agreements. The 1974 act had an expiration date, but it has been extended ever since by both Democratic and Republican Congresses and Presidents, the last being the Trade Act of 2002.

The ITC has been granted judicial powers that greatly overstep the intended separation of powers of the legislative, executive, and judicial branches established by the Constitution. This is why the case has come down to one man interpreting trade law for the nation and removes the courts from the proces altogether. That alone is proof that the ITC oversteps the authority of the office of President.  Hopefully Samsung or someone will challenge the acts implementing the ITC so that the Supreme Court can rule whether or not the acts are constituional. Certainly, if there is to be an ITC, its judicial matters should be overseen by the courts, not the President.

rick merritt
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Susan Rambo
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Re: Obama overturned the ban
Susan Rambo   8/4/2013 7:32:52 PM
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Wow. Thanks, Rick. Here's the link to the veto letter.

m00nshine
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Re: Obama overturned the ban
m00nshine   8/4/2013 9:37:32 PM
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Apple spent $1.9mil lobbying US government in 2012 and Samsung spent zero. President overturns ITC verdict after ITC rules for Samsung that apple violated patents. See opensecrets.org Apple files patent suit in home state of California, convinces jury they own rectangles with rounded corners, jury falsely awards $1bil in damages. Hard not to feel like samsung has no chance for fair treatment in US.

BrianBailey
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Re: Obama overturned the ban
BrianBailey   8/5/2013 1:53:52 AM
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http://www.opensecrets.org/lobby/clientsum.php?id=D000042406

m00nshine
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Re: Obama overturned the ban
m00nshine   8/5/2013 8:12:45 AM
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Maybe difficult to understand, but samsung group and samsung electronics are not exactly same. You could also post samsung electronics lobbying statistics

eewiz
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samsung fee
eewiz   8/5/2013 10:02:48 AM
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Samsung wanted 16$ for a standard essential patent used 12$ infineon chipset used in iPhone. Somebody please donate some common sense to samsung 

http://appleinsider.com/articles/13/08/05/samsungs-vetoed-push-for-an-itc-ban-against-apple-inc-in-pictures

 

Frank Eory
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Re: samsung fee
Frank Eory   8/5/2013 7:18:18 PM
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What is it their lawyers didn't understand about the "first sale" doctrine?

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