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.
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.
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.
"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."
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,