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President Obama Signs Veto ~ reverses Samsung ITC patent ban on Apple’s iPhones & iPads (3rd Update) ๐ŸŽ๐ŸŽ๐ŸŽ๐ŸŽ ๐Ÿ’ฐ๐Ÿ’ฐ๐Ÿ’ฐ๐Ÿ’ฐ

August 6, 2013

๐ŸŽ SAN FRANCISCO โ€“ The Obama administration on Saturday vetoed a U.S. trade body’s ban on the sale of some Apple iPhones and iPads, a rare move that upends a legal victory for smartphone rival Samsung Electronics Co., The Wall Street Journal reported.

๐ŸŽ U.S. Trade Representative Michael Froman made the decision to veto the ban on the Apple devices, citing concerns about patent holders gaining "undue leverage," according to the Journal report. He said Samsung could continue to pursue its patent rights through the courts.

๐ŸŽ This Presidential action markes the first time since 1987 that a presidential administration vetoed a product ban ordered by the U.S. International Trade Commission. The ITC had ordered the ban on some older-model Apple iPhones and iPads in June after finding the products infringed a Samsung patent, The WSJournal said.

๐ŸŽ In the event you were not sure Who is copying Whom, in the patent lawsuit battles between Apple and Samsung, examine these two graphics.

๐ŸŽ The Graphic above is the Samsung smartphones they created in a crowded market before Apple joined the “party.” At this time period apparently Samsung was “Copying” BlackBerry’s screen-keyboard layouts, as BB at the time was the industry leader.

๐ŸŽ The graphic below is the Samsung smartphone that it released immediately after Apple entered the smartphone market place in 2007. Apparently, Samsung stopped “copying” the BlackBerry and decided to “Copy” the new “leader-apparent,” Apple. FYI, Apple won this patent infringement lawsuit, where Samsung has to pay Apple $1,005,000,000 in damages. Yes that is sightly over a $Billion. These images were those presented in Court as Apple was defending its position against Samsung’s obvious “copying” almost everything about the iPhone’s design, shape…

๐ŸŽ Here is something to think about. Below is an easy quiz:
1โƒฃ Who was the Vice President seated under William Jefferson Clinton when Clinton was President? Answer:
2โƒฃ Who is the current Director seated on Apple’s Board of Directors whose home State is Tennessee. Answer:
3โƒฃ Who is the former Democratic Party Leader who ran for President against George Bush. Answer:
4โƒฃ Who sits on the Board of Directors of Apple, that may have apprached the present administration, in behalf of Apple, seeking a Veto regarding the ruling by the U.S.I.T.C. against Apple: Answer:
5โƒฃ Who was the only other President who signed a Veto of a USITC Order, in 1987. Answer:
6โƒฃ Answers are at the Bottom of this article.

๐ŸŽ To read an exhaustive presentation on the USITC, the U.S. International Trade Commission “blew it” when it granted Samsung’s request for an import ban on five Apple’s (AAPL) devices โ€“ forcing the first Presidential veto of one of its decisions in a quarter century โ€“ is contained in the opinion filed by Dean Pinkert, one of the ITC’s six commissioners.

๐ŸŽ This is a simplistic summary of what happened… Reading between the lines, it sounds like Samsung had refused to license its standard-essential patents (SEPs) unless Apple offered its non-essential iPhone patents, the company’s crown jewels, in return.

๐ŸŽ Once again stated as an analogy… that’s like being the guy who runs the public pool in town, refusing to let one family swim there, unless he gets to come to their private house and skinny dip in their hot tub. It’s unfair, unseemly, may well constitute abuse of the system, and definitely constitutes violation of Wheaton’s law, meaning don’t be a dick..

๐ŸŽ Samsung got a big win in the International Trade Commission June 4, 2013, as the ITC handed down a final ruling finding that several models of AT&T-compatible iPhones and iPads infringe a Samsung patent, and issued an exclusion order preventing them from being imported, sold or distributed in the US. This final ruling comes months after an ALJ determined that Apple did not infringe any of Samsung’s IP, but clearly, the commission felt differently upon its review. This final determination holds that AT&T models of the iPhone 4, 3GS and 3G, plus AT&T iPad 3G and iPad 2 3G models infringe four claims of Samsung’s patent number 7,706,348 for encoding mobile communications.

๐ŸŽ The ITC reversed the ALJ’s ruling in part based upon modified construction of several key terms in the claims at issue, but upheld the prior decision regarding the other three patents Samsung asserted in the action.

๐ŸŽ What does this mean for Apple? Not a tremendous amount, as the newly banned devices are no longer Cupertino’s standard bearers and account for 10% to 15% of Appe’s massive profits. Plus, Apple will, no doubt appeal the decision in court. Still, Samsung’s bound to feel pretty good about the victory, and every little bit helps in its quest to remain atop the smartphone heap, right?

๐ŸŽ The Obama administration on Saturday vetoed a U.S. trade body’s ban on the sale of some Apple iPhones and iPads, a rare move that upends a legal victory for smartphone rival Samsung Electronics Co.

๐ŸŽ Letter From U.S. Trade Representative Michael Froman Explaining Veto Decision. U.S. Trade Representative Michael Froman made the decision to veto the ban on the Apple devices, citing concerns about patent holders gaining "undue leverage." He said Samsung could continue to pursue its patent rights through the courts.

๐ŸŽ The ban had raised concerns among U.S. antitrust enforcers as well as some technology companies and lawmakers. They questioned whether companies should be able to use their essential technology patents to block rival products from the marketplace.

๐ŸŽ Apple argued to the trade representative that the ban was inappropriate because Samsung had committed to license its patented technologies that were included in industrywide standards for wireless devices.

๐ŸŽ The ITC, which has jurisdiction over certain trade practices, is an appealing legal option for patent holders, particularly tech companies, because the trade body can issue orders banning the importation of products that infringe upon another company’s patents. Legal observers say it is easier to win an import ban at the ITC than it is to win a federal court ruling that would block product sales.

๐ŸŽ Answers to Quiz Above:
1โƒฃ Al Gore
2โƒฃ Al Gore
3โƒฃ Al Gore
4โƒฃ Al Gore
5โƒฃ Ronald Reagan
6โƒฃ Obama’s Veto was a surprise, as this President has been the most "Anti-Business" presidents in recent American History. Thankfully, Obama and the DOJ acted on this occasion, perhaps listened to the advice-coaching given by Al Gore, and therefore signed a Veto for the Order issued by the USITC.
7โƒฃ I’m not criticizing this Veto signed by President Obama,
8โƒฃ My focus is on Al Gore, as an Apple Director, who likely applies his political muscle to help with this situation, which influence is perfectly Lawful. This type of corporate “assistance” and giving advice in the Apple Board Room, are the rolls of good Directors.
9โƒฃ It is my suggestion, that President Obama has not been "a friend of business;" However, Obama apparently received Al Gore’s advice to Veto this Order. I have no evidence of this; However, I have “connected of the dot” representing total guesswork in my part. The alleged communications may not have been Gore-Obama speaking one-on-one. This may have been accomplished through intermediaries.

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