Court ruling prevents SEP owners from seeking ITC exclusion order

Court ruling prevents SEP owners from seeking ITC exclusion order
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.

source: FOSSPatents

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32 Comments

1. MCrapp

Posts: 318; Member since: Apr 07, 2013

Fu...U Apple!!!!!!!!!!!!!!!!!!!!!!

5. zekes

Posts: 230; Member since: Aug 14, 2012

there's no need for that

28. TROLL

Posts: 4851; Member since: Apr 13, 2012

There's no need for you to support a rotten company! Look's like you are one you're self! i$????

30. anywherehome

Posts: 971; Member since: Dec 13, 2011

there IS a great need of that! 1) no free copy file = fascism 2) no default app selection = fascism 3) no nfc = arrogance 4) no voice recognition in many languages = incapability 5) Apple censors your personal emails!!!! - “Apple censoring iCloud emails and attachments” = fascism 6) "Phones most vulnerable among smartphones" = amateurs 7) "Apple iOS Apps Leak More Personal Info Than Android" = security amateurs 8) "Quarter of iPhones have a broken screen, poll says." = quality sucks 9) "40% of iOS popular apps invade your privacy without any permission." = security sucks 10) "FBI files: STEVE JOBS was a lying, power hungry, mad man." 11) "Steve Jobs: "We are shameless about stealing great ideas." " 12) "Italy fines Apple $1.2 million over AppleCare practices." = fascism 13) "Belgian consumer group files complaint against Apple over AppleCare warranty practices." = fascism

6. Mxyzptlk unregistered

They did nothing wrong .

27. marioellobo

Posts: 44; Member since: Mar 20, 2013

wel said f**k apple it they don'y like it there's a freedom od speech i just used mine so deal with it deal with me.

2. Droiddoes unregistered

apple really is the worst.

26. darkkjedii

Posts: 31529; Member since: Feb 05, 2011

No you're the worst.

3. Mxyzptlk unregistered

How's apple the worse because Samsung wants to abuse FRAND patents?

4. zekes

Posts: 230; Member since: Aug 14, 2012

u are rite for 1+ 4 u

11. WHoyton1

Posts: 1635; Member since: Feb 21, 2013

*you *right *for *you..... Wow I sheep can't even spell I'll add that to the list of yet more things they can't do.....

16. zekes

Posts: 230; Member since: Aug 14, 2012

ur point

17. WHoyton1

Posts: 1635; Member since: Feb 21, 2013

* your, Rip English, but my point is... It sucks to be you being a useless fan boy of a inferior Os

20. sniper1087

Posts: 537; Member since: Dec 31, 2011

wow so much hate I dont understand, does any of this companies that sell phones gives you anything for you to be defending them so much? they only care for the money as long as they can keep people paying they will be happy, just pick the OS that you like and be happy with it, and yes I owned almost every high end device in the US and is all up to choice, pick what you like.

25. zekes

Posts: 230; Member since: Aug 14, 2012

what i love all os ur dumb because its not about a os

29. saffant

Posts: 274; Member since: Jul 04, 2011

an* inferior OS*. Also: "Your*; R.I.P English. However, my point is that it sucks to be you considering you're such a useless fan-boy of an inferior OS." FTFY. Nice try, but try harder next time.

31. zekes

Posts: 230; Member since: Aug 14, 2012

that does no make any sense

32. saffant

Posts: 274; Member since: Jul 04, 2011

I was siding with you, u fool. I was replying to WHoyton1.

7. dragonscourgex

Posts: 307; Member since: Jan 16, 2012

I can not say for sure that Samsung did not abuse their FRAND license, I don't know. But I can tell you that Apple has abused the patent system since 2007. I can just imagine the sad state the mobile industry would be in if Apple would have got there way and suppress all competition through there overblown and far reaching patents.

8. Droiddoes unregistered

I said "worst", not "worse". If you're going to constantly troll could you at least learn to read? Thanks.

24. joey_sfb

Posts: 6794; Member since: Mar 29, 2012

how is FRAND patents different from other patents? just that selfish apple don't play well with others by agreeing to put patent into industry standard there by hindering interoperability. FRAND patents are patent and apple had not pay for even a single ones. they are exploring on ways to avoid payment. Industrial standard such as bluetooth, MPEG 4 will be a things of the past which is exactly what apple is gunning for.

9. sprockkets

Posts: 1612; Member since: Jan 16, 2012

FOSSpatents being dumbo's again. The court ruled that *no negotiations* before an ITC ban is wrong. Apple already didn't want to accept FRAND rates from Moto.

10. Alan01

Posts: 638; Member since: Mar 21, 2012

We do not take sides, but I felt compelled to answer your post. Motorola's demands for its SEPs were extremely high, if you recall, so you can't really compare (gulp!) Apples to Oranges. Alan F.

13. thecorrescode

Posts: 40; Member since: Mar 28, 2013

2% of the price of the product is not that high, compare to 8% or more Microsoft and Apple is asking. And I am just wondering why still make Florian Mueler as your source. It was revealed in Oracle VS Google case that he is paid by Oracle to badmouth Google (and by what he is doing now, opensource too). There are other sources like Groklaw or Patently-O.

18. Topcat488

Posts: 1417; Member since: Sep 29, 2012

HTC could be shilling out between $6 and $8 to Apple per phone the company sells as part of the companies’ recent licensing settlement, according to Sterne Agee analyst Shaw Wu. The pricey licensing fee would net Apple something in the realm of $180 million and $280 million in 2013, based on expectations that HTC will sell between 30 million and 35 million smartphones next year. In a note to investors, Wu said that this $8 fee was lower than what Apple initially proposed but greater than the $5 HTC pays Microsoft for each Android phone.

14. sprockkets

Posts: 1612; Member since: Jan 16, 2012

I'm referring to the court case where Apple pretty much said, "We don't have to accept the rates set by a judge!" That was in WI IIRC, and it was one Apple started themselves!

23. roscuthiii

Posts: 2383; Member since: Jul 18, 2010

Alan never heard the saying, "It's better to keep your mouth closed and let people think you a fool, than to open it and remove all doubt."

12. robinlim85

Posts: 86; Member since: May 03, 2013

some people here just don't understand english if u understand the article samsung obviously is the abuser of law patent in this particular case,Apple is the victims of Samsung Frand claims

15. PermanentHiatus

Posts: 267; Member since: Jun 22, 2012

I really feel that we are not getting enough court ruling and tax hearing articles. Keep them coming please.

19. InspectorGadget80 unregistered

FCK U APPLE FCK U ITC. Getting sick n tired of this shyt.

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