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Iphone Cellphones Handhelds Patents The Courts United States

iPhone 4, iPad 2 Get US Import Ban 213

Bent Spoke writes "The U.S. trade agency has banned the import of older Apple iPhone and iPad models due to the violation of a patent held by Samsung (PDF). 'The president can overturn the import ban on public-policy grounds, though that rarely happens. Apple can keep selling the devices during the 60-day review period. ... Apple pledged to appeal the ITC decision. The underlying findings will be reviewed by a U.S. appeals court specializing in patent cases. ... The decision could mean fewer choices for AT&T and T-Mobile customers who want to get an iPhone without paying the higher cost of the iPhone 5. Samsung told the commission that Cupertino, California-based Apple could drop the price of the iPhone 5 if it was worried about losing potential customers. All of the iPhones are made in Asia.' It's getting so complicated we need a scorecard to keep track of who's winning these offensive patent battles in the smartphone coliseum."
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iPhone 4, iPad 2 Get US Import Ban

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  • by myurr ( 468709 ) on Wednesday June 05, 2013 @02:27AM (#43911917)

    If we're lucky Apple will realise that patent reform is in their best interests as well as ours. More likely though is that this will be seen by Apple as a sign they need to step up their legal activities even further.

    I know there will be apologists but Apple really brought this upon themselves with their frivolous lawsuits based on patenting rounded corners and their seeking of bans of other devices. Whilst the rest of the phone manufacturers have all joined in the same rotten game, and many were playing at it before Apple, it was the Cupertino based company that (in my view) turned to the courts as their primary competitive strategy.

    Let the flamewar begin!!

  • by fredgiblet ( 1063752 ) on Wednesday June 05, 2013 @02:29AM (#43911933)
    Which is why Apple spends so much time litigating amirite?
  • Re:Sigh (Score:5, Insightful)

    by myurr ( 468709 ) on Wednesday June 05, 2013 @02:30AM (#43911935)

    Component sales to Apple are a relatively small percentage of Samsung's profits from the mobile sector. They've probably calculated that the potential gain in market share, and related profits, easily outstrips any drop in component orders by Apple.

  • by mykos ( 1627575 ) on Wednesday June 05, 2013 @02:42AM (#43911981)
    I wish karma were a real thing.
  • by GNious ( 953874 ) on Wednesday June 05, 2013 @02:44AM (#43911993)

    If we're lucky Apple will realise that patent reform is in their best interests as well as ours. More likely though is that this will be seen by Apple as a sign they need to step up their legal activities even further.

    If Apple and others conclude that Patent Reform is unavoidable, or in their interest, they will refocus part of their lobby and legal teams to ensure that it is as much in their interests(...) as possible, and as little-as-possible in ours (the public).

  • by Grey Ninja ( 739021 ) on Wednesday June 05, 2013 @02:52AM (#43912021) Homepage Journal

    Are you honestly suggesting that Apple had Samsung make their iPhones and then Samsung took those designs and made identical copies on their own?

  • by Anonymous Coward on Wednesday June 05, 2013 @04:20AM (#43912319)

    Apple is not a US company. It doesn't pay taxes there or in any country.

  • by iapetus ( 24050 ) on Wednesday June 05, 2013 @04:33AM (#43912361) Homepage

    No need for a scorecard. As always, the patent lawyers are winning, and the consumers are losing.

    This sort of shitty competition through litigation was vile when Apple did it to Samsung, and it's equally vile when Samsung do it to Apple. Showing more and more why we desperately need patent reform. I'm not even that concerned about the impact on Apple and Samsung - it's the smaller players who can be crushed by litigation like this that I've got more sympathy for.

  • by Anonymous Coward on Wednesday June 05, 2013 @04:40AM (#43912389)

    This is AFAIK the first import ban granted on a FRAND patent: one can expect soon a lot of bans from FRAND patent holders in any standard technology. Nokia for example could become immensely profitable by suing everybody on their FRAND patents and asking for an absurd 2.5% royalty rate as Samsung did. The Pandora box is open: hopefully the ITC ban will be quickly canceled by the appeal court.

  • by jo_ham ( 604554 ) <joham999 AT gmail DOT com> on Wednesday June 05, 2013 @06:44AM (#43912783)

    Nice spin. You can say that the rate was "fair, reasonable and non-discriminatory" but that doesn't make it so. Apple certainly didn't believe so, hence the lawsuit. If they felt it was fair they would have paid up right away, like they did for the many, many hundreds of other FRAND patents that are essential to the iPhone's function.

  • by gtall ( 79522 ) on Wednesday June 05, 2013 @07:58AM (#43913157)

    The iPod succeeded because Apple built a store front where you could easily buy music and install music for it. You didn't have to read a bunch of geeky stuff, you didn't have to download stolen music, you just clicked a few buttons. The specs on the device itself only matter to...uh...you and two friends.

  • by jo_ham ( 604554 ) <joham999 AT gmail DOT com> on Wednesday June 05, 2013 @08:11AM (#43913231)

    There were plenty of better and cheaper mp3 players on the market.

    In your opinion. This is the point I'm making, and the point that Apple realised. Better in what way?

    - Sound quality? At first yes - the amp in the early iPods wasn't as good as some of the others out there, but this is no longer the case (everyone pretty much uses the same chips for standard parts like this now)
    - Storage space? Depends what you're looking for. The first iPod didn't have as much space as a Nomad (so lame!) but it was physically smaller.
    - Price? It cost more, but if it's still value for money for the people that buy it, what's the issue? You are not obligated to buy one.
    - UI? Hands down this is where the iPod beat everything else and the reason it became so popular. It was easy to use, and people loved it.

    I can see that you're not going to be swayed from your rock solid opinion that Apple's success is anything other than some sort of black magic marketing and convincing people to buy something over many generations by somehow making them ignore "how shit" it is, over and over and over again, but such is life. If you're unwilling to look at the reasons for the success of a product then there;s not much debate.

    Personally, if someone wants to get a mac for either the fact it's 'cooler' or they have a reasoned preference for that machine, that's their issue but don't get all defensive because someone else doesn't like it or want it.

    But that's not what you're doing. You are saying that people are being fooled by the marketing and are not buying products that would be better for them. You are free to hate Apple as much as you like. Froth, wail, scrunch up your eyes and wish really, really hard that all their success has nothing to do with making products that people actually want to buy all you like, but don't be surprised if people call you on it.

    There's a difference between not liking a product (even call it shit if you like - it's an opinion), and stating that the success of that product and its successors/derivatives in the marketplace over a decade are solely down to clueless sheep falling for a marketing trick.

    Marketing will only take you so far before the shit starts to stink. No matter how hard you try to wish it wasn't so, but consumers actually *like* Apple's products. You don;t have to - that's fine - but you can't dismiss people who buy them as somehow being "fooled" because they didn't make the same choices as you did.

  • by Anonymous Coward on Wednesday June 05, 2013 @09:30AM (#43913863)

    Except for the fact that they paid more taxes in the US than any other company.

    But why let facts get in the way of anti-Apple spin, amiright.

  • by Charles Duffy ( 2856687 ) on Wednesday June 05, 2013 @09:37AM (#43913933)

    Nobody can seriously think that 2.5% rate is a fair price as there are thousands of FRAND patents involved in any smartphone concerning 3G, 4G, WiFi, Bluetooth etc.

    Not per patent. For an entire portfolio, it seems an entirely reasonable place to start bargaining from. And that's what happened in the Microsoft/Motorola case -- Motorola put in an opening bid, and Microsoft immediately (with no counteroffer) when running to friendly local court asking that court to decide that the negotiations (to which they'd declined to respond at all) were innately unfair.

  • by TheSkepticalOptimist ( 898384 ) on Wednesday June 05, 2013 @10:25AM (#43914335)

    Now it will force users to buy iPhone 5 and iPad 3 or Mini instead of cheaping out on an older model. Its a win win here.

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