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IP-Watch Summer Interns

IP-Watch interns talk about their Geneva experience in summer 2013. 2:42.

Inside Views

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2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

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    USTR Support Of USITC Ban On Samsung Imports Contrasts With Earlier Position

    Published on 9 October 2013 @ 7:25 pm

    By , Intellectual Property Watch

    The Office of the United States Trade Representative (USTR) yesterday approved the US International Trade Commission’s ban on imports of certain electronics from Samsung, based in part on the fact that the patents in the case do not involve standard essential patents (SEPs). By contrast, concern over SEPs was a big reason for the recent White House decision to overturn a USITC finding that Apple had violated Samsung’s patents.

    Standard essential patents are those considered essential to an industry standard, for which the owner has promised to licence on fair, reasonable and non-discriminatory terms.

    The White House disapproval of the earlier order against Apple was based on the assumption that Samsung’s patents were standard-essential and raised concern about the possible impact, but the USITC found that Apple had not made its case that the patents were SEPs (IPW, Inside Views, 26 August 2013).

    “The most recent previous case in which the USTR issued a decision turned on the appropriate role of exclusion orders in circumstances involving standards-essential patents,” USTR said in an 8 October statement. “The patents at issue in this case are not standards-essential patents.”

    The US government and courts have been struggling to clarify their position on standard-essential patents (IPW, US Perspectives, 29 July 2013).

    In the 8 October press release (apparently not available on the USTR website due to the government shutdown), US Trade Representative Michael Froman announced his decision on the Obama administration’s review of the USITC determination. The USITC case is titled, Certain Electronic Digital Media Devices and Components Thereof, Investigation No. 337-TA-796 (unfortunately not available as the USITC website is down due to the US government shutdown).

    USTR noted that on 9 August, “the USITC determined that Samsung had violated Section 337 of the Tariff Act of 1930, as amended, in the importation of certain devices (e.g. smartphones and tablet computers) that infringe claims of two patents owned by Apple.”

    Based on this determination, USTR said, “the USITC issued a limited exclusion order prohibiting the unlicensed importation of infringing devices manufactured for or on behalf of Samsung. The Commission also issued a cease and desist order that prevents Samsung from engaging in certain activities, such as sale of these products in the United States.” USTR conducted a review of the determination, “to determine if it should be disapproved on policy grounds,” USTR said.

    “After carefully weighing policy considerations, including the impact on consumers and competition, advice from agencies, and information from interested parties, I have decided to allow the Commission’s determination … to become final,” Froman said in the statement. This is in line with successive administrations policy of restraint, he said.

    But it is in stark contrast to this administration’s action taken just a few weeks earlier.

    Meanwhile, Froman said Samsung has raised concerns about the scope of the USITC determination and possible issues related to the US Customs and Border Protection interpretation and enforcement of the resulting exclusion order.

    The Office of the Intellectual Property Enforcement Coordinator (IPEC) is conducting an interagency review “aimed at strengthening the procedures and practices used during the enforcement of USITC exclusion orders,” Froman said. Agencies such as USTR, the Department of Justice, the Department of Homeland Security, and several others are working on this. Froman added that since the exclusion order included a list of devices not found infringing, concerns about enforcement related to the scope of the order “do not provide a policy basis for disapproving it.”

    “The USITC found that the exclusion order will have minimal effect on the availability of Samsung products, especially since Samsung has been able to make changes to its products so that they avoid infringing the two Apple patents at issue in this case,” the USTR statement said.

    “The most recent previous case in which the USTR issued a decision turned on the appropriate role of exclusion orders in circumstances involving standards-essential patents. The patents at issue in this case are not standards-essential patents.”

    USTR also insisted in the statement that, “The nationality of the companies involved played no role in the review process. Both Samsung and Apple are important contributors to the U.S. economy and help advance innovation and technological progress.”

    William New may be reached at wnew@ip-watch.ch.

     


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
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