MacNN | Apple cites FRAND ruling to ITC, calls Samsung behavior 'egregious'
Mac News Network View: Standard | Headlines | Categorized | Slim
Mac News Network
Mac News iPod News Reviews Forums
 

Desktop Headlines
Apple cites FRAND ruling to ITC, calls Samsung behavior 'egregious'
Thursday, May 23, 2013 @ 4:23pm

Apple has wasted no time filing with the US International Trade Commission (ITC) regarding the landmark ruling from May 22 enjoining a standards essential patent holder from enforcing a potential ITC-ordered sales embargo. Apple's filing with the court summarizes Judge White's decision, and calls Samsung's conduct "even more egregious" than that of the cited case's patent holder.



Apple said in the filing with the ITC that "the Realtek case is strikingly similar to the instant case. Samsung brought an ITC complaint before making any offer specific to its declared-essential patents, let alone a FRAND-compliant offer. Just as in Realtek, when Apple responded to the ITC complaint by requesting that Samsung provide FRAND terms for the specific asserted patents, Samsung responded by making a non-FRAND demand based on the total price of the accused Apple products--rather than the cost of the relevant accused components." "Indeed, Samsung's conduct here is even more egregious," Apple concludes, adding "in short, just as in Realtek, Samsung's pursuit of an ITC exclusion order directly conflicts with its FRAND commitments." Patent analyst Florian Mueller believes that the quoted case's patent owner refusing to make any licensing offer was key to the previous decision, making the judge decide that "this attempt to seek to gain unfair leverage must be thwarted." Apple never sought a fair, reasonable, and non-discriminatory (FRAND) determination action like the alleged patent abuser did in the quoted case after Samsung's high patent license offer, which may be problematic to Apple's case. The ITC ruling is expected on May 31. The landmark ruling is the second item this week that the ITC has to consider in a relatiely last-minute fashion, with the other item being the letter by US senators reminding the ITC of FRAND patent value to the US.



Comments on this Article
Print Friendly Version
Email to a Friend
Add MacNN to Your RSS Feeds
Buy from the Apple Store


Related Stories:

Today's MacNN Stories:
  • Report: Apple could debut payments system, e-wallet with iPhone 6 - 7:00 PM EST
  • Gameloft early access contest for Modern Combat 5 results in piracy - 6:50 PM EST
  • Facebook hits $2.9 billion in second quarter revenues, up 61 percent - 5:40 PM EST
  • AT&T misses revenue guidance, blames customer transition to AT&T Next - 4:56 PM EST
  • FCC reminds broadband providers that they can't lie to customers - 4:40 PM EST
  • Procreate 2.1 adds ColorDrop, reference layers, other new features - 4:11 PM EST
  • Sources call for Yosemite in late Oct., Retina MacBook, Mac with 4K - 2:59 PM EST
  • Apple 8-K filing shows Apple spent $1.6B on June-quarter R&D - 1:00 PM EST
  • Apple 'tentatively' planning mid-September event for iPhone 6, iOS 8 - 12:10 PM EST
  • Sony puts $345M towards boosting mobile image sensor production - 11:12 AM EST
  • First public beta of OS X Yosemite to go live on July 24 - 9:52 AM EST
  • Apple document attempts to explain alleged backdoors in iOS - 9:22 AM EST
  • Cook: Apple has made 30 acquisitions thus far in fiscal 2014 - 4:05 AM EST
  • Mid-2011 MacBook Air EFI update causing crashes, other issues - 2:22 AM EST
  • Hands on: Power Support Air Jacket for iPhone 5s, iPad Air - 1:48 AM EST
  • Cook: iPhone 5c, not 5s, was fastest-growing phone in June quarter - 1:00 AM EST
  • Review: D-Link Wi-Fi Smart Plug - 1:00 AM EST

    Today's iPodNN Stories:
  • Technology difference, experience led to Destiny platform separation - 8:10 PM EST
  • Microsoft updates Skype for Android, reveals Amazon Fire Phone app - 6:40 PM EST
  • Google to battle Rockstar Consortium after judge denies dismissal - 3:49 PM EST
  • Sony Xperia Z3 could have similar internals to Z2, faster processor - 2:05 PM EST
  • Amazon bolsters small Prime Music catalog with thousands of tracks - 12:02 PM EST
  • No comments posted on this story yet. Please post yours.
    Your Comments
    In order to post comments, you must be a registered member of the MacNN Forums and logged in. Please login with your MacNN Forums username and password.

    MacNN Forums Login:

    MacNN Forums Password:

    Not a member of the MacNN forums? Register now for free.