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.
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.
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.
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.
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?
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,
"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."