What with companies suing each other into infinity right now, one can see that the patent system is broken. But companies can also appeal to the International Trade Commission to rain the import ban hammer down on their enemies. Only the President could stand stand in their way.
But only if shit really hits the fan. Right now, companies like Apple, Google, Samsung and HTC can also sue each other in attempt to impose injunctions on their products, effectively banning their products from being sold. We just saw it in the Netherlands between Apple and Samsung. Here, it’s a tad more difficult. However, by dealing with the ITC, companies can have infringing products blocked from import altogether. Which is a scary prospect for any company.
The President could put a stop to that by effectively waving his hand and waiving any decision the ITC makes to that effect. Which would be great if there’s any doubt about the censured company infringing in any way. But if a company’s in the wrong, they’re in the wrong. Sending them back into litigation isn’t going to find any other conclusion. It’ll only waste time. It hurts, but companies should be moved to innovate. This is one move Obama shouldn’t make. [WSJ]
Photo: AP Photo/J. Scott Applewhite