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Behind the Apple-Samsung War Lies Google

The main effect of the decision, which most in the press don't understand, is that this takes import restrictions out of Google's hands, as it tries to use Motorola SEP patents to pry open the market in smartphone features. Posner and the ITC are really siding with Apple, with its huge portfolio of non-FRAND patents.

Whether software should be subject to patent is another question. Personally, I don't think it should. But what we should know, now, is that patents on standards can't stop international trade, and for that we should all be thankful, no matter where we are on the Apple vs. Android divide.

At the time of publication, the author owned 100 share in AAPL and 10 shares in GOOG.

This article is commentary by an independent contributor, separate from TheStreet's regular news coverage.

Dana Blankenhorn has been a business journalist since 1978, and a tech reporter since 1982. His specialty has been getting to the future ahead of the crowd, then leaving before success arrived. That meant covering the Internet in 1985, e-commerce in 1994, the Internet of Things in 2005, open source in 2005 and, since 2010, renewable energy. He has written for every medium from newspapers and magazines to Web sites, from books to blogs. He still seeks tomorrow from his Craftsman home in Atlanta.
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