Obama administration vetos Apple iPhone 4, 3G iPad 2 product ban [pdf]
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Re: Obama administration vetos Apple iPhone 4, 3G iPad 2 product ban [pdf]
#2What is extremely encouraging is that this is a sign that the highest levels of government understand that patents don't exist for their own sake and are merely a means to an end. When the desired end result isn't reached, intervention is required. That's hopeful.
Re: Obama administration vetos Apple iPhone 4, 3G iPad 2 product ban [pdf]
#3Re: Obama administration vetos Apple iPhone 4, 3G iPad 2 product ban [pdf]
#4Re: Obama administration vetos Apple iPhone 4, 3G iPad 2 product ban [pdf]
#5However, I can't help but wonder if the public good would've been greater served by letting a few multinational corporations like Apple feel some real patent pain. It's the only way the system will ever be overhauled.
Re: Obama administration vetos Apple iPhone 4, 3G iPad 2 product ban [pdf]
#6(The justification here being that this ban is not "in the interest of the public". If this was considered in ay other cases, we'd all be paying cents for generics from India instead of thousands of millions for the brand version)
Re: Obama administration vetos Apple iPhone 4, 3G iPad 2 product ban [pdf]
#7Re: Obama administration vetos Apple iPhone 4, 3G iPad 2 product ban [pdf]
#8This is ominous, what if this is remembered as the equivalent of Smoot-Hawley? Patents are a hell of a lot more complex than tariffs... and at least the ITC is trying to do international coordination here, and Obama has just blatantly undermined them.
Re: Obama administration vetos Apple iPhone 4, 3G iPad 2 product ban [pdf]
#9Point of order. This isn't a veto. A veto is for legislation, this is fully contained within the executive branch.
Edit: It would be fair to say: "The Obama Administration did this"
Re: Obama administration vetos Apple iPhone 4, 3G iPad 2 product ban [pdf]
#10In fact, it seems the value of a patent is inversely proportional to it's usefulness. A patent which covers a critical wireless protocol component is worth a few pennies and can't be used to get injunctions, but a patent for some rounded corner button can be used to sue for billions.
If you look at the patent trolling going on, a lot of the cases are for really, obvious, trivialities.
While I don't think one should be able to get bans like this, sooner or later, Apple or Microsoft has to lose a patent case in a painful way so they stop trying to shake down competitors. Mutually assured destruction doesn't work if it's not mutual. This ITC case was the closest they've come to experiencing a real threat of pain.