Press Releases

BSA Commends Disapproval of ITC Exclusion Order in FRAND Case

WASHINGTON, DC — August 5, 2013 —

BSA | The Software Alliance today commended US Trade Representative Michael Froman for carefully evaluating and deciding to disapprove a market exclusion order issued by the US International Trade Commission in a case brought by Samsung Electronics Co., Ltd. against Apple, Inc. (ITC Investigation No. 337-TA-794).

The case involved standard-essential patents that Samsung voluntarily chose to make available for licensing on fair, reasonable and non-discriminatory (FRAND) terms.

"Ambassador Froman made the right decision in this case," said BSA Government Affairs Director Tim Molino. "Market exclusion orders might be appropriate remedies in some cases, but generally not when it comes to FRAND-encumbered standard-essential patents."

"As we argued in our public comments on the investigation, all patentees should be free to exercise and enforce the full breadth of their intellectual property rights as they see fit. It should be their choice, for example, whether or not to submit their patented technologies to become part of internationally recognized standards," Molino said. "But if they make the choice to participate in creating such a standard and in the process commit to licensing their technologies on FRAND terms, then they should not be allowed to circumvent that commitment by using the Commission to obtain an exclusion order which could result in extracting unreasonable royalties."

Media Contact

Anna Hughes
202-530-5177
annah@bsa.org


Jamie Rismiller
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About BSA

BSA | The Software Alliance (www.bsa.org) is the leading advocate for the global software industry before governments and in the international marketplace. Its members are among the world’s most innovative companies, creating software solutions that spark the economy and improve modern life. With headquarters in Washington, DC, and operations in more than 60 countries, BSA pioneers compliance programs that promote legal software use and advocates for public policies that foster technology innovation and drive growth in the digital economy.
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