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Samsung wins US import ban on AT&T iPhone 4 and 3G iPads.

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  • Level 37
    Heiankyo Alien
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    Jun 4, 2013 11:56 pm GMT

    http://www.theverge.com/2013/6/4/4396430/samsung-wins-import-ban-on-at-t-iphone-4-and-3g-ipads

    tumblr_inline_mh3i60If6o1rvklyl.gif

    One of those bans which are good for the industry as it teaches the oppressor a good lesson.

    Edited on Jun 4, 2013 11:58 pm GMT

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    http://www.theverge.com/2013/6/4/4396430/samsung-wins-import-ban-on-at-t-iphone-4-and-3g-ipads

    tumblr_inline_mh3i60If6o1rvklyl.gif

    One of those bans which are good for the industry as it teaches the oppressor a good lesson.

  • Level 36
    Radical Ninja
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    Jun 5, 2013 5:21 am GMT

    I can see this thread going places....but really now? i'm not sure how you consider this a huge blow to Apple I mean I don't even think they sell these models instore anymore.

    I can see this thread going places....but really now? i'm not sure how you consider this a huge blow to Apple I mean I don't even think they sell these models instore anymore.

  • Level 37
    Heiankyo Alien
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    Jun 5, 2013 5:36 am GMT

    TwistedShade wrote:

    I can see this thread going places....but really now? i'm not sure how you consider this a huge blow to Apple I mean I don't even think they sell these models instore anymore.

    Apple does still sell the iphone 4 and ipad 2 and there could be serious damages on this given how much those devices have sold.

    But most importantly this is for the lulz given how apple and its fans have been calling samsung the copycat.

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    --------------------------------------------------------

    Samsung Nexus S running CM10.1 - JVC Bi-Metal Earphones

    [QUOTE="TwistedShade"]

    I can see this thread going places....but really now? i'm not sure how you consider this a huge blow to Apple I mean I don't even think they sell these models instore anymore.

    [/QUOTE]Apple does still sell the iphone 4 and ipad 2 and there could be serious damages on this given how much those devices have sold.

    But most importantly this is for the lulz given how apple and its fans have been calling samsung the copycat. :lol:

  • Level 56
    Mr. X
    Posts: 16651
    Jun 5, 2013 7:05 am GMT

    Gambler_3 wrote:

    One of those bans which are good for the industry as it teaches the oppressor a good lesson.

    Don't hate the player, hate the game.

    [QUOTE="Gambler_3"]

    One of those bans which are good for the industry as it teaches the oppressor a good lesson.

    [/QUOTE]

    Don't hate the player, hate the game.

  • Level 64
    Easter Egg
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    Jun 5, 2013 7:25 am GMT
    It's very specific models, it's not all iPhone 4 and iPad 2 models. Damages are also expected to be quite minimal, certainly not significant.

    This should worry you all more than if Apple were to be awarded an injunction. This decision was granted based on SEP patents. FOSS has some important concepts to understand in order to see why this is surprising.

    FOSS Patents wrote:
    This decision is a major surprise. Observers expected an infringement finding with respect to the '348 patent after the ITC asked the parties and third-party stakeholders questions relating to this scenario (several months after a first list of partly FRAND-related questions), and prior to that I had written in my analysis of the preliminary ruling by an Administrative Law Judge that this patent was Samsung's best shot in this case. But I can't believe that the ITC has completely thrown out Apple's FRAND defense ("[t]he Commission has determined that Samsung's FRAND declarations do not preclude [import bans]"), taking a position that is fundamentally inconsistent not only with how U.S. federal courts have recently adjudged SEP-based injunction requests (1, 2) but also with opinions expressed by antitrust regulators and, especially, U.S. lawmakers. With a view to this decision, four Senators and four Congressmen (from both sides of the aisle) reiterated concerns over SEP-based import bans. Last year the Senate and the House of Representatives held hearings on this issue, with bipartisan consensus that holders of SEPs should not be allowed to renege on their FRAND licensing pledges by seeking import bans from the ITC that federal courts would likely deny.

    Not only does the ITC recommend an import ban but it also determined that a cease-and-desist order (preventing Apple from selling, after the exclusion order enters into force, any already-imported infringing devices in its inventory) was appropriate. Interestingly, this remedy was denied to Apple when it won an import ban against HTC over a non-SEP.


    The article is full of links and information that must be understood to fully comprehend why this is so strange. Using SEP or FRAND patents in this manner has caused problems for other companies in the past, why now the ITC grants an injunction based on SEP is a mystery. It's not out of the question that Apple's appeal will be successful or that the White House may veto the order entirely.

    EDIT: Added information about repercussions for Apple's bottom dollar (read: not much at all)
    Edited on Jun 5, 2013 7:27 am GMT






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    Liberate te ex Infernis.

    It's very specific models, it's not all iPhone 4 and iPad 2 models. Damages are also expected to be quite minimal, certainly not significant.

    This should worry you all more than if Apple were to be awarded an injunction. This decision was granted based on SEP patents. FOSS has some important concepts to understand in order to see why this is surprising.

    [quote="FOSS Patents"]This decision is a major surprise. Observers expected an infringement finding with respect to the '348 patent after the ITC asked the parties and third-party stakeholders questions relating to this scenario (several months after a first list of partly FRAND-related questions), and prior to that I had written in my analysis of the preliminary ruling by an Administrative Law Judge that this patent was Samsung's best shot in this case. But I can't believe that the ITC has completely thrown out Apple's FRAND defense ("[t]he Commission has determined that Samsung's FRAND declarations do not preclude [import bans]"), taking a position that is fundamentally inconsistent not only with how U.S. federal courts have recently adjudged SEP-based injunction requests (1, 2) but also with opinions expressed by antitrust regulators and, especially, U.S. lawmakers. With a view to this decision, four Senators and four Congressmen (from both sides of the aisle) reiterated concerns over SEP-based import bans. Last year the Senate and the House of Representatives held hearings on this issue, with bipartisan consensus that holders of SEPs should not be allowed to renege on their FRAND licensing pledges by seeking import bans from the ITC that federal courts would likely deny.

    Not only does the ITC recommend an import ban but it also determined that a cease-and-desist order (preventing Apple from selling, after the exclusion order enters into force, any already-imported infringing devices in its inventory) was appropriate. Interestingly, this remedy was denied to Apple when it won an import ban against HTC over a non-SEP.[/quote]

    The [url=http://www.fosspatents.com/2013/06/itc-bans-importation-of-older-iphones.html]article[/url] is full of links and information that must be understood to fully comprehend why this is so strange. Using SEP or FRAND patents in this manner has caused problems for other companies in the past, why now the ITC grants an injunction based on SEP is a mystery. It's not out of the question that Apple's appeal will be successful or that the White House may veto the order entirely.

    EDIT: Added information about repercussions for Apple's bottom dollar (read: not much at all)
  • Level 37
    Heiankyo Alien
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    Jun 5, 2013 7:47 am GMT

    Nope more worrying was when a company was handed down a fine for "copying" rounded corners and rectangles.

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    --------------------------------------------------------

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    Nope more worrying was when a company was handed down a fine for "copying" rounded corners and rectangles.

  • Level 69
    Bad Dude
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    Jun 5, 2013 3:23 pm GMT
    So Apple copied?
    So Apple copied?
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