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Justice Department and USPTO weigh in on using SEP patents to win sales bans

Posted: , by Alan F.

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Justice Department and USPTO weigh in on using SEP patents to win sales bans
The U.S. Justice Department and the USPTO made a joint-statement on Tuesday relating to an issue that has affected Samsung, Apple, Motorola and other smartphone manufacturers. In the statement, the two agencies agreed that the infringement of standards-essential patents should not be punished with a sales ban except in rare cases. The FTC has also agreed that the infringement of standards-essential patents  should be punished with monetary damages instead of a injunction. The statement appeals to the ITC to refrain from using exclusion orders as they could be against the public interest.

Last month, the FTC said that Motorola Mobility was not entitled to ask for a sales ban against the Apple iPhone and the Apple iPad for infringing on a SEP patent dealing with wireless technology. The other day, the FTC found that Samsung was using its standards-essential patents to threaten its rivals with sales bans, exactly what both the Justice Department and USPTO are trying to avoid. Standards-essential patents are supposed to be licensed using Fair, reasonable and non-discriminatory negotiations, better known by the acronym FRAND.

source: Reuters

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posted on 08 Jan 2013, 20:35 10

1. InspectorGadget80 (Posts: 5637; Member since: 26 Mar 2011)


HOW BOUT STOP FTC USPTO to stop giving APPLE all the favors to win in patent trials AND STOP BANING OUR PRODUCTS. They don't realize this is getting out of hand and it's hurting us the consumer. Just please STOP posting patent news for once. CES is here let us enjoy the new 5" 1080P phones that's coming out.

posted on 08 Jan 2013, 20:42 1

2. TROLL (banned) (Posts: 4851; Member since: 13 Apr 2012)


All patents will belong to Apple cause money is power. Apple's theory.

posted on 08 Jan 2013, 23:45 5

3. plgladio (Posts: 311; Member since: 05 Dec 2011)


Very good, so when they going to remove Rectangular and one button devices from the patent table?

posted on 09 Jan 2013, 00:00 4

5. networkdood (Posts: 5512; Member since: 31 Mar 2010)


exactly, what a bunch of hypocrites, if they let the rectangle patent stand.

posted on 08 Jan 2013, 23:50

4. ray77 (Posts: 121; Member since: 17 Nov 2012)


an now their are saying this crap l think apple had to do wiz this crap

posted on 09 Jan 2013, 01:06 2

6. xfire99 (Posts: 366; Member since: 14 Mar 2012)


Because Apple are losing in every battle at court and suddenly U.S. Justice Department and the USPTO start t open theirs mouth. Not favor US company uh?
If Apple were winning every battle and not get sued by others comopanys. They will never open theirs stinking mouth and let Apple keep on suing every companys they want.

posted on 09 Jan 2013, 03:06 1

7. anywherehome (Posts: 971; Member since: 13 Dec 2011)


Apple + Microsoft can do everything = bribed all the US system

and Google with his democracy (free codecs, free translator, maps, free Android ...) can do nothing

will never give a penny to Apple + Microsoft
this is how Microsoft has achieved his monopolistic position:
goo [dot] gl/FNz9f
and still blackmailing Android manufacturers with patents that wouldn't be so important if Microsoft had no monopoly (exchange, fat32, ntfs, Office....)

this is how US bribed patent system hurts us, consumers

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