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FTC to ITC: Limit Use of Import Bans, Please

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Replying to:  Apple is the worst abuser by Andras888   Jun 7, 2012, 2:48 PM

Re: Apple is the worst abuser

by raulr    Jun 7, 2012, 4:37 PM

I think you missed the point of what the FTC is requesting. They want to limit the use "standard essential" patent bans. These patents are required to be licensed under FRAND terms. Device makers have to use these no matter what, hence making them essential and follow different rules.

It's an entirely different ballgame from the "design" patents that Apple has filed suits under. Design patents violations can be avoided by creating workarounds, much how HTC has done to get their devices through customs. They are not essential, therefore, can be designed around or never implemented in the first place or licensed from the patent holder.

It may seem like semantics, but these two types of patents are treated very differently.

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