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The Apple/Samsung Smartphone Patent War Continues

 Last December in Risk Management, we reported about the ongoing smartphone patent war being waged between Apple and Samsung that has seen each side seek injunctions throughout the world in an effort to stop their rival from selling products that they believe infringe on their patents. It’s a battle made all the more interesting by the fact that throughout all the legal manuevering, Apple remains Samsung’s biggest customer for smartphone parts.

Today the fight continues as many observers are anticipating that Apple will file for a restraining order banning Samsung from selling its hotly-anticipated Galaxy S III phone, which is expected to make its U.S. debut on June 21. The phone went on sale in Europe last month and in a CNET UK review it was dubbed the “Ferrari of Android phones” and was expected “to give the iPhone a good run for its money.” However, Apple claims that the Galaxy S III violates two of its software patents and wants to prevent its domestic launch from happening (especially since it would give Samsung the chance to gain some market share ahead of a new iPhone release). Samsung disagrees of course, and says that it will “demonstrate to the court that the Galaxy S III is innovative and distinctive.”

The decision to ban the Galaxy S III will need to be made by U.S. District Judge Lucy Koh, who is already set to preside over another Apple vs. Samsung patent trial involving other Samsung phones and tablets expected to begin next month. Koh has said that if Apple seeks the new injunction, it will likely force her to push back the other trail date as she will be forced to reshuffle the other cases on her docket.

“I cannot be an Apple v. Samsung judge,” she said.

So it would seem that Apple’s next move will be based on what case it considers to be of higher priority–the longer-standing issue or the new threat? Either way, the smartphone wars show no sign of a cease-fire.

Talk of Flood Insurance at RIMS on the Hill

Moderator Leigh Ann Pusey and speakers Matt Gannon, Joshua Saks and Austin Perez.

At this week’s RIMS on the Hill conference, attendees gathered to hear remarks from a few industry experts regarding the National Flood Insurance Program (NFIP). It has been well publicized how the program has faced major setbacks in recent years. Three noted figures were at RIMS on the Hill to give their take on how to get the program back on track. They were:

Matt Gannon — Assistant vice president of federal affairs for the National Association of Mutual Insurance Companies (NAMIC). He also serves as lead liaison to Capitol Hill on public policy matters impacting his industry and policyholders across the nation.

Joshua Saks — National Wildlife Federation’s Legislative Director, who has helped set strategy and coordinate outreach to members of Congress on key campaign priorities, including clean water and wetlands issues, energy policy, deferral appropriations for wildlife conservation and protection of public lands in Alaska and the Rocky Mountain west.

Austin Perez — A senior policy analyst with the National Association of REALTORS, where his subject matter expertise ranges from property rights and land use to energy and environmental issues. Long-term flood insurance reauthorization and reform has been his chief focus and an association top priority.

Matt – “The NFIP is vitally important to our nation — it’s something that affects us all. We are seeking to improve a government program and also hoping to preserve it. The NFIP has accrued a significant amount of debt as result of the 2005 storm season. In part because of one of the major flaws in the program — they don’t take into account risk. What we’re looking for is primarily to ensure that the NFIP is reformed so that it reflects a private insurance model.

One fundamental deficiency is that no one is making sure flood insurance plans don’t lapse.

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Congress has made a lot of progress — there was HR 1309 — but short-term authorizations, as well as lapses, are significant disruptions to the marketplace. Mandatory purchase should be enforced wherever possible. What we wanted to do [with “flood the Hill“] was to replicate the noise that Congress hears after a lapse. We want to get all the groups calling for flood insurance reform to call Congress. We’re not going to let our foot off the gas. We want [the Senate] to move forward with comprehensive reform.”

Josh – “Flood plains are tremendous areas for many things. They are recreation areas — our members benefit from them. Those areas allow groundwater recharge. They act as buffers when there is pollution since they stop pollution from entering waterways. They’re also habitats for wild animals and endangered species. And the best benefit — naturally functioning flood plains, which are the best flood prevention method money can buy.

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[The National Wildlife Federation] believes in holistic management of a flood plain. We need to take into account altered hydrology, more severe weather, more storm frequency, etc.”

Austin – “The only way you can get major reform in this town is to get everyone going the same direction — the realtor group, the insurers, everyone. They key point here is that there is no group out there that is not pushing for this. We’re all in favor of a 5-year reauthorization — that’s the first step.

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This is the 18th extension of NFIP since 2008*.

We have home buyers who may want to buy but don’t know if they’re in a flood zone and they don’t know whether or not there is going to be flood insurance. This economy relies on real estate transactions. This is an economy where we want to move as many transactions as possible, but we can’t without a flood insurance program reform. We need an accurate set of flood plain maps. We don’t think its fair for homeowners to get a notice saying they need flood insurance if they’re not really in a flood plain. Put the senators on the spot and ask, ‘Are you with us?'”

*According to calculations from the National Association of REALTORS

Political Analyst Stu Rothenberg at RIMS on the Hill

It was only fitting that the organizers of RIMS on the Hill, the annual legislative conference hosted by the Risk & Insurance Management Society (RIMS), invite an individual with decades of experience in politics and a respected voice when it comes to happenings on the Hill to speak at the conference. Stu Rothenberg is the editor and publisher of The Rothenberg Political Report, a non-partisan political newsletter that has become known for its rare ability to report all the political news in the nation with unbiased clarity and nonpartisan precision.

What did Rothenberg want to talk about? The impending presidential election, of course. “I continue to think the race is going to be a close one,” he said. “With past elections, if you had a “D” behind your name and barely a pulse, you had a good chance of winning. Most elections are either based on continuity, where the majority want to keep things going as they are, or based on change. We had three change elections in a row. Is this a change or a continuity election now?

How do we know? Rothenberg says it’s simple — just look at the polls (he favors the Democracy Corps and NBC/Wall Street Journal polls). For some time now, these polls have shown that a majority of Americans are unsatisfied with the current state of the nation. This in itself would presumably signal an upcoming change election. That’s understandable, but Rothenberg adds one caveat: The numbers from October of last year show an even more dissatisfied nation, meaning feelings, though still more on the dismal side, are leaning more towards the positive.

The most important players in any election are swing voters, according to Rothenberg. “Swing voters are who make the difference,” he said. “They attitudanlly and behaviorally mimicked Democrats in the 2006 election. In 2010, they behaved like Republicans. How will they vote in 2012? Most likely they will vote on how they feel the president is doing right now; they will vote on whether or not they feel the country is headed in the right direction right now.”

As for what Rothenberg thinks will happen in the upcoming election, he predicts “we’ll see the president’s approval rating slide and people leaning more towards change.” We’ll have to wait and see if he’s right.

RIMS on the Hill Opening Reception

Last night marked the start of RIMS’ 14th Annual Legislative Conference, also known as RIMS on the Hill, in Washington, D.C. The event featured keynote remarks from Stuart Rothenberg.

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One of Washington’s most highly respected political analysts and commentators, Rothenberg is the editor and publisher of The Rothenberg Political Report, a non-partisan political newsletter. Federal Insurance Office Director Michael McRaith will also voice his opinion on the current state of the insurance market.

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Attendees will also have the opportunity to hear from leading risk and government affairs experts about a number of critical issues, including:

  • Strengthening the Medicare and Repaying Taxpayers Act of 2011 (SMART Act)
  • National Flood Insurance Reform and Reauthorization Efforts
  • The Federal Insurance Office (FIO) report on insurance regulation modernization — greater role for NAIC or greater federal uniformity?

Here are a few photos from last night’s opening reception, where guests enjoyed delicious food and drink while catching up with fellow lobbyists and making new connections.

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RIMS on the Hill attendees enjoy the opening reception at the Park Hyatt in Washington, D.C.

RIMS CFO, Jack Harrington, and RIMS director of government affairs, Kathy Doddridge.

Mike Dunn, CEO of Dunn Associates and RIMS consultant, and Mary Roth, RIMS executive director.

Current RIMS President Deborah Luthi and former RIMS President Janice Ochenkowski.