In what is being described as a landmark court decision, a California court recently ruled that owners of standards-essential patents cannot enforce
a sales ban from the ITC. The case involved was Realtek v. LSI/Agere
, but there are similarities to the usual patent battles between Samsung and Apple that are up in front of the ITC. At least, Apple thinks so. In a new filing with the ITC, the Cupertino based company noted that Samsung brought an ITC complaint against Apple before telling Apple what the FRAND terms would be to license its SEPs.
Apple goes on to add that Samsung gave Apple non-FRAND terms to license its SEPs based on the total value of Apple's devices that infringed Samsung patents instead of the value of the components involved. Just as Samsung went to the ITC with the goal of getting an exclusion order against its rival, LSI/Agere had sought a sales ban on Realtek without making a licensing offer.