December 2016

Some deregulatory groups are trying to prevent a possible "compromise" vote on the renomination of Democratic Commissioner Jessica Rosenworcel of the Federal Communications Commission, suggesting instead that she leave the commission after the current congress but return during the next.

TechFreedom and the Competitive Enterprise Institute have joined with a couple of others in a letter to Senate Majority Leader Mitch McConnell (R-KY) and Minority Leader Harry Reid (D-NV) to say they supported Commissioner Rosenworcel's renomination but not if it creates a deadlocked 2-2 commission. Additionally, the did not support a remonidation before FCC Chairman Tom Wheeler leaves to remove the possibility of a Republican President and a Democratic majority on the FCC. That means they want Commissioner Rosenworcel to have to leave the FCC after the lame duck but then be returned to her seat after a new chair or third Republican commissioner is seated. They say they expect Commissioner Rosenworcel to be a "constructive participant" in reforming the FCC under a Republican majority but don't want her continued presence on the commission to prevent that majority during the transition.

The Supreme Court sided with Samsung in its big-money smartphone patent fight with Apple, throwing out an appeals court ruling that said the South Korean company had to pay a $399 million penalty to its American rival for copying key iPhone designs. The justices in their 8-0 ruling sent the case back to the lower court for further proceedings.

The decision gives Samsung another chance to try to get back a big chunk of the money it paid Apple in December following a 2012 jury verdict that it infringed Apple's iPhone patents and mimicked its distinctive appearance in making the Galaxy and other competing devices. The court held that a patent violator does not always have to fork over its entire profits from the sales of products using stolen designs, if the designs covered only certain components and not the whole thing. The ruling followed a ferocious legal battle between the world's top two smartphone manufacturers that began in 2011 when Apple sued Samsung, asserting that its rival stole its technology and the iPhone's trademarked appearance.