US vetoes import ban on Apple products

James Niccolai
5 August, 2013
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The Obama administration has vetoed a decision by the US International Trade Commission to ban the import of certain Apple products to the US on the grounds they infringed a Samsung Electronics technology patent.

In its decision on Saturday, the administration said banning the products, which include older models of the iPhone and iPad, would be against the US public interest. It cited concerns that patents essential to implementing technology standards, or so-called standards essential patents (SEPs), can be used to harm competition.

“Licensing SEPs on [fair and reasonable terms] is an important element of the Administration’s policy of promoting innovation and economic progress and reflects the positive linkages between patent rights and standards setting,” the administration’s trade representative, Michael Froman, wrote in his decision.

The ruling will be a setback for Samsung, which is engaged in a broad, worldwide legal battle with Apple in which both companies accuse the other of using their patented technologies without a licence.

In a statement, Samsung said it was disappointed with the decision. “The ITC’s decision correctly recognised that Samsung has been negotiating in good faith and that Apple remains unwilling to take a licence,” Samsung said.

The South Korean electronics maker filed its complaint with the ITC almost two years ago. In June this year, the ITC determined that the Apple products involved should be banned from import because they infringe one of Samsung’s patents. The products affected were the AT&T models of the iPhone 4, iPhone 3GS, iPhone 3, iPad 3G and iPad 2 3G. Only the iPhone 4 and the iPad 2 3G are currently sold in the US by AT&T.

The administration noted Saturday that it can overturn ITC rulings when it considers they conflict with US policy and the public interest. It said Samsung can continue to pursue remedies against Apple through the courts.

by James Niccolai, IDG News Service

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