In a seemingly ridiculous game of “my turn!” Apple is turning to a United States appeals courts to demand a ban of certain Samsung models that infringe on patent rights. This push for the ban stems from a decision by a California jury that determined Samsung had violated patents for the iPhone’s features and looks. Once the request has been placed with the court, a United States trade agency will determine if it will halt some of Samsung imports based on these patent infringement claims.
Notoriously, in a win for Apple, the Obama administration overturned an International Trade Commission (ITC) ban just this past weekend. Samsung had accused Apple of infringing on their own patents. Apple had called into effect the “standard essential” and U.S. Trade Representative Michael Froman sided with Apple. Now it seems Apple wants payback for the sweat they endured during the final decision, but it also called into mind the tactics behind such a move.
Ray Van Dyke of the Van Dyke Firm in Washington told Bloomberg why Apple is seeking the Samsung Phone sales ban. In this specific scenario, Dyke feels it has nothing to do with money, “Between Apple and Samsung, it’s about who’s going to be the top dog. You want to shut them down. This is the club. You can beat them into submission with a club and maintain your top dog status.”
The patent that Apple refers to is no longer in use by Samsung which seemingly makes this move delayed and frustrating to consumers. Bloomberg turned to Kim Young Chan, an analyst at the Shinhan Investment Corporation in Seoul regarding the patent in production, “Samsung’s U.S. sales of the older products in question are very small, which accounts for even less than 1 percent of the company’s total handset sales there.”
If a violation is noted, a demand for the ban of the Samsung import models could be pushed. A move that will once again land on the desk of Obama and Froman. The patent isn’t in regards to more advanced devices like the Galaxy S III or S4. Rather, it is on older models like the Epic 4G and Indulge which honestly can be found on auction sites and not in stores.
Apple hit the U.S. Court of Appeals for the Federal Circuit in Washington and explained in their demand, “Samsung has chosen to compete not through innovation, but through calculated and meticulous copying of Apple’s popular iPhone and iPad. After the iPhone’s success, Samsung’s phones became iPhone clones.”
This is definitely a case of strange bedfellows. Last month, it was rumored Samsung and Apple would be holding hands through the park for the production of chips for Apple’s iOS devices. Samsung held the technology and framework to create the 14-nanometer chips, something that caught Apple’s eye. We also figure, it wasn’t a copycat of anything Apple created. It’s agreements like this that make the suits a joke and almost pompous.
After Apple claimed its win from the Obama administration, it’s further frustrating to see them turn around and expect different results from a weaker type of claim. The only thing of interest to consumers are the millions both of these tech giants are spending to knock each other down the popular path. Apple seeking a ban on Samsung older models is counter-productive and contradictory. Let’s hope, as consumers, the money used for their suits doesn’t trickle down to the cost of phones. The two powerhouse should be looking behind their bickering backs as Microsoft/Nokia loom alongside LG.