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NewsPoster Jul 25, 2013 04:44 PM
Verizon lawyer asks for Obama intervention in ITC iPhone ban
Verizon's general counsel, Randal Milch, has published an editorial in the <em>Wall Street Journal</em> calling for the Obama administration to veto an International Trade Commission ban on some iPhone 3G, 3GS, and 4 sales. In June the ITC ruled that AT&T versions of the phones must be removed from sale by August 5th. Even though it wouldn't directly affect Verizon -- which has never sold the 3G or 3GS, and carries a different model of the 4 -- Milch claims that the ban would set a bad precedent. <br /><br />"Patent litigation at the ITC - where the only remedy is to keep products from the American public - is too high-stakes a game for patent disputes," the lawyer <a href="" rel='nofollow'>comments</a>. "The fact that the ITC's intellectual-property dispute docket has nearly quadrupled over 15 years only raises the stakes further. Smartphone patent litigation accounts for a substantial share of that increase." <br />
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Milch argues that President Obama could help set a better legal example in disputes where a patent holder isn't practicing the concept, has already agreed to license a patent on reasonable terms in order to set a standard, and/or when an allegedly infringing aspect of a product isn't that important to overall design and appeal.<br />
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Presidential intervention is unlikely. No President has vetoed an ITC ruling since 1987, and a ban would have little immediate impact, since the iPhone 3G and 3GS are already outdated and the 4 is on the verge of retirement. Pre-Retina iPad models would also be affected. Apple has <a href="" rel='nofollow'>filed to stay a ban pending appeal</a>.
Flying Meat Jul 26, 2013 11:36 AM
No, vetoing the ITC ban would set a bad precedent. Why then would anyone ever bother with ITC rulings?
"International!.. unless that means us too!"
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