It wasn’t a huge win for Samsung, but at least it was something. Back in June, the U.S. International Trade Commission awarded Samsung a sales ban on AT&T models of the iPhone, iPhone 3GS, iPad 3G, and iPad 2 3G. Yes, I know these are older devices, but it was one of the very few wins for Samsung.
Apparently the Obama Administration seems to be fans of the Romper Room style iOS because they just vetoed the ban. Hit the break for the full text.
In addition, on January 8, 2013, the Department of Justice and United States Patent and Trademark Office issued an important Policy Statement entitled “Policy Statement on Remedies for Standard-Essential Patents Subject to Voluntary FRAND Commitments” (“Policy Statement”).2 The Policy Statement makes clear that standards, and particularly voluntary consensus standards set by standards developing organizations (“SDO”), have incorporated important technical advances that are fundamental to the interoperability of many of the products on which consumers have come to rely, including the types of devices that are the subject of the Commission’s determination. The Policy Statement expresses substantial concerns, which I strongly share, about the potential harms that can result from owners of standardsessential patents (“SEPs”) who have made a voluntary commitment to offer to license SEPs on terms that are fair, reasonable, and nondiscriminatory (“FRAND”), gaining undue leverage and engaging in “patent holdup”, i.e., asserting the patent to exclude an implementer of the standard from a market to obtain a higher price for use of the patent than would have been possible before the standard was set, when alternative technologies could have been chosen. At the same time, technology implementers also can cause potential harm by, for example, engaging in “reverse holdup” (“holdout”), e. g., by constructive refusal to negotiate a FRAND license with the SEP owner or refusal to pay what has been determined to be a FRAND royalty.
source: 9to5mac
Come comment on this article: Samsung just can’t catch a break: Obama administration vetoes U.S. sales ban of older Apple devices
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