A letter signed by several US senators was sent to the ITC trade representative as well as to President Obama. The ITC ban on certain older models of iPads and iPhones due to copyright infringement issues with Samsung could be vetoed by the Obama administration. Standard essential patents (SEPs) have to be issued under fair, reasonable and non-discriminatory (FRAND) rates. That is the nature of the game and the law is the law.
Samsung and Apple have been at loggerheads regarding the former’s 3G cellular technology. In the letter the group of senators was very vocal about how technology standards were everything. Competition according to them lowered prices and gave consumers greater choice. If FRAND rates became undependable then companies would not cooperate in the future leading to higher costs of goods. Also it would be detrimental to organizational creativity.
The relationship between both Apple and Samsung has been in the doldrums for some time now. Some of the litigious cases have gone in Apple’s favor while others have been partial to Samsung’s side of the story. The impending ban on certain products of Apple in the US has everybody worried.
The posse of senators who penned a letter to ITC trade representative, Michael Froman listed their concerns in a rational and no-nonsense way. The Presidential veto is the only final method of preventing the ban though. Whether it will go into effect is something only time can tell.