US policy could side with Samsung in its patent feud with Apple this time around, reports say, as President Barack Obama will no longer be able to back Apple in the fight, according to the American Antitrust Institute.
The US International Trade Commission sided with Samsung last year when it found that Apple had infringed on certain Samsung standard essential patents; the Obama administration, however, vetoed the ITC’s ruling, preventing an import ban of some Apple products.
Now, according to AAT president Albert Foer, “the Obama administration has no policy basis for vetoing an exclusion order flowing fro infringement of a non-SEP,” meaning Samsung could fare better in court against Apple as the two are set to meet at the end of the month to battle another patent-infringement case.
The two have feuded over use of each others’ patents as Samsung was previously ordered to pay Apple for not licensing SEPs based on FRAND terms.
The companies are set to meet again on March 31 in a San Jose court, this time to settle a dispute over non-SEP, commercial patents. Samsung is claiming that Apple has infringed on Samsung commercial patents without paying royalties for such use, say reports.
According to Foer, rulings regarding commercial patents cannot be overturned.
Full Content: Korea Times
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