Samsung convinced the ITC to issue an import ban of older iPhones. Which feels pretty strange: Samsung could not (because they are standard essential patents) demand that nobody else use their patents, so they were restricted to demanding an extortionate FRAND rate (about 2.5% of sales). So it would have been sufficient, until a court determines a reasonable rate, to demand that Apple should post a bond covering their demands, and enforce the ban only should Apple be incapable of providing the money. After all, SEPs cannot be used to exclude someone wanting to license it, the only discussion will be about the appropriate rate. So as long as the licensee can guarantee that it will be able to meet a court determined rate, there is no legitimate interest in an import ban for the holder; it is useful only to extort a much higher license fee than otherwise possible.
kzeise.com
Kai Mo's Musings on Software, Copyrights, and other stuff
