How Obama Is Impacting the Apple-Samsung War

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Aug. 5 (Bloomberg) -- Christopher Carani, a partner at McAndrews, Held & Malloy, discusses President Barack Obama overturning an order barring shipments of some older iPhone models into the U.S. He speaks with Cory Johnson on Bloomberg Television's "Bloomberg West." (Source: Bloomberg)

When you look at this, this is not seem to be a big surprise erie it is is certainly remarkable.

It is a rarity.

If you looked back 60 days ago, i recall being on air with "bloomberg west." the stars are aligned for exercise of that extraordinary power.

At the center of the dispute is what we call the standard essential patent as megan was commenting on.

The patent that was said to be infringed here is one with the interoperability of devices.

As much as this is important , this decision has a much greater impact.

Right now, there are two types of patents.

One is an industry standard and a nonstandard essential patent.

Standard essential patents , almost every device out there touches on some type of standard essential patent.

The key here is that there are two different venues where these cases have been going forth.

The standard essential patent issue on one side, there are the two courts on the other side.

I understand it all becomes conflated.

Specifically, it sounds like samsung is trying to tie together a standard essential patents into one sort of a licensing deal and that was one of the things that the court did not have an issue with what the obama administration might have.

You did not see that highlighted in the majority opinion.

You did not see that focused on in the report and his letter.

In one of his dissents of the opinion, you saw that they were offering -- that would raise concerns -- antitrust concerns.

That was not centered to the position.

I guess i read the dissent and it seems like an interesting idea.

The notion that samsung had to offer a fair and reasonable licensing rate and by tying these together they were not airing so may have played into this decision somewhat.

Is may have.

We do not know in the letter that was sent from the obama administration over to the itc.

I think it would help the practitioners and investors to understand what was the basis of this a decision.

As it is awarded now, it would be fair to say it is a rare instance where a party will be given an importation ban.

This is also potentially good news for samsung.

There are several ending cases on the other side of this where it is being accused of infringing a standard essential patent.

It will bring fresh air and certainty to those disputes.

May be a new precedence set.

Certainly.

If you are going to be -- remember, the only remedy that you can get is an importation ban.

I think we might see parties with the drawing complaints rather than investing money in a particular forum where chances

This text has been automatically generated. It may not be 100% accurate.

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