When it comes to United States politics – especially in this day and age – it is unfortunately rare that the two major parties will cooperate with each other. However, in a way that occurred, indirectly, with the vetoing of the Apple import ban that was vetoed by the Obama administration over the weekend. The administration agreed with the dissenting opinion of one ITC commissioner – an appointee by former President George W. Bush – who didn’t think it was right for the Apple products to be banned. This dissenting opinion outlined how Samsung was practicing FRAND-abuse, and helped force the veto of the import ban that would have gone in to effect this month.
The dissenting opinion was written by ITC Commissioner Dean Pickert, and points out how the ITC simply should have never even imposed the ban on the Apple products because Samsung was basically abusing the system. Samsung offered Apple a deal to license Samsung’s standard essential patents, but required that Apple in return license non-essential patents to Samsung, and this is when the idea of a ban should have been thrown out the window. Here is that bit in better words via Fortune:
Reading between the lines, it sounds like Samsung had refused to license its standard-essential patents (SEPs) unless Apple offered its non-essential iPhone patents — the company’s crown jewels — in return.
That just doesn’t make any sense on the ITC’s part. This ban should have never been issued, simple as that. I like the way Rene Ritchie of iMore put it:
Once again, that’s like being the guy who runs the public pool in town refusing to let one family swim there unless he gets to come to their private house and skinny dip in their hot tub.
Thankfully, the ITC commissioner and Obama administration saw this and decided to veto the ban on Apple products. The entire dissenting opinion was published on FOSS Patents, if you are interesting in reading it. It is a long read, but worth it if you have the time.
What do you think? Glad to see the ban vetoed? Wondering how it was even issued in the first place? Let us know in the comments, or tweet me @TiP_Kyle.