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In August, the US International Trade Commission (ITC), imposed a ban on Samsung products that infringe certain Apple patents, including a patent related to the finger-swipe motion. [Previously reported by IPKat here.] At that point, the clock started ticking on a sixty day window during which the US Trade Representative (USTR) could decide, on behalf of the President of the United States, whether to veto the ITC ban or to let it stand. Samsung hoped that the USTR would veto the ban, as it had done just a few weeks prior in connection with an ITC imposed ban on Apple products that were found to infringe Samsung patents. [Merpel snorts in frustration - the ITC and USTR websites are live, but have no relevant news updates available due to the US government shutdown.]
Despite the pressure on the USTR to ensure that there is no hint of unfairness leveled against a foreign company so soon after it acted to protect the sales of a domestic company, the Apple patents at issue in this instance are generally not considered to be “standards-essential patents”, which the patent owner must offer under license to competitors on “terms that are fair, reasonable, and non-discriminatory (‘FRAND’)”. Yesterday, the USTR, Michael Froman agreed that the Apple patents are not SEPs, and announced that, after "weighing policy considerations, including the impact on consumers and competition, advice from agencies and information from interested parties," he would let the ITC ruling stand.
Kat Contest Continues
The IPKat announced on Monday that this Kat will be a guest speaker at the 6th Annual IP Trademark, Copyright & Licensing Counsel Forum, which will be taking place on October 22 – 23 at The University Club in New York City. The event host, ALM tells IPKat that the Forum is approved for CLE credits in New York, Pennsylvania, New Jersey and California, and that attendees from other jurisdictions could contact them at cle-dept@alm.com for information on accreditation in other jurisdictions. This Kat is looking forward to two days of sessions on topics of import to IP practitioners, as well as to meeting her IP practitioner peers!
In addition, the IPKat would like to remind readers that it has two spots to give away for free entry into the event. To win, you must write a limerick related to software licensing that starts with the line “A leopard with plenty of spots…." Submissions can be sent to IPKat at IPKatLimerickContest@gmail.com, and are due this FRIDAY, October 11. Good luck to all!
In the event of writer's block, readers may register with a 50% discount by using the registration code IPKATVIP.
See you there!
Samsung Ban Uphelds & Kat Contest Continues
Reviewed by Miri Frankel
on
Wednesday, October 09, 2013
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