Apple wins again: Obama administration doesn’t veto ITC import ban against Samsung

October 8, 2013

    Apple iPhone 5s vs Samsung Galaxy S4 aa 13

    An import ban obtained by Apple in a complaint against Samsung with the International Trade Commission is in effect, as the Obama administration has not vetoed it.

    “After carefully weighing policy considerations, including the impact on consumers and competition, advice from agencies, and information from interested parties, I have decided to allow” the import ban to proceed, Obama’s designee, U.S. Trade Representative Michael Froman, said in a statement today.

    Froman further said that the decision has nothing to do with the nationality of the two companies.

    Apple won the import ban back in August, although it did not immediately enter into effect. Just like Apple in a previous case, Samsung had 60 days of extra waiting for the White House to issue a ruling on the matter.

    In a previous case won by Samsung against Apple at the ITC, the Obama administration decided to veto the import ban against older iPhone and iPad models, a first veto in such cases since 1987. This also happened in August, a few days before ITC ruled against Samsung in Apple’s complaint.

    It’s worth noting that even if Samsung scored a win with the ITC at the time, the patents in question were standards-essentials, which is the reason why the Obama administration vetoed the import ban.

    Now, it’s not clear what Android devices produced by the South Korean device maker will be affected by the upheld ITC ruling, although we’re mostly looking at older device that don’t have workarounds in place to avoid infringing on Apple’s patents – Samsung has been found in violation of two Apple patents, with deal with “scrolling behavior and a device’s ability to detect when headphones are plugged in.”

    Obviously, Samsung is not happy with the Obama administration’s decision not to veto the ban:

    We are disappointed by the US Trade Representative’s decision to allow the exclusion order issued by the US International Trade Commission (ITC). It will serve only to reduce competition and limit choice for the American consumer.

    The complex legal battle between Apple and Samsung doesn’t end here though, as the two giants are fighting each other in multiple other lawsuits.

    Comments

    • Rabid Rotty

      Oh no, now we can’t get the Galaxy Nexus

      • tomn1ce

        or the GS2…..even though I would pick the GS2 before I would pick up the G-Nexus again.

        • Rabid Rotty

          I’m strictly a Nexus guy, Don’t like Touch-wiz or any other skin and bloat, but to each their own.

          • AussieGreek

            I can do a shite load more on my htc One than I can on my nexus 7.
            I wish HTC made a 7 inch tablet

            • Maatee

              I love my nex7 and im sure i get android kitkat first :)

            • Bryan Z

              damn right :)

            • Nexus 5

              No, you’re wrong, my Nexus 5 get it first, then the rest of Nexus :P

          • tomn1ce

            I have a G-Nexus and I don’t like stock Android as much, that’s why I have the Pure Toro rom on it. I got spoiled with AOKP 1.5 years ago and the customizable nav bar and all the other tweaks that stock Android doesn’t have. Touch-wiz can be dealt with by using Nova Launcher Prime…..

    • APai

      why will United States of Apple veto a ban against samsung ?

      • MasterMuffin

        they’re 110% objective

    • frhow

      So which phones does this ban affect, where anyone visiting this site would actually care about again?

      • Rabid Rotty

        Nothing new, just phones and tablets from 2 years ago

        • Mike Reid

          So it means nothing, unless you want to buy a new Galaxy S2 from Samsung, LOL.

    • Kindroid

      Shame on you Mr. President. There was just as much cause to give Samsung relief…as there was for Apple. And as an American corporation that dodges most of its tax obligation and ships all its manufacturing off shore….it does little to the advantage of the US.

      • zourite

        No. Learn some facts about the two cases. It’s much more complicated than that.

        • RaptorOO7

          It doesn’t negate the fact that CrApple refuses to negotiate OR pay for the FRAND patents they are using in violation of the patent system. They had to negotiate a price, they didn’t like the price so they refused to pay the price. They then force Samsung to sue, they did and the ITC ruled in Samsungs favor. Just as CrApple sued Samsung over their patent dispute and got relief from the ITC. No Obama favors Crook and Co. and allows tax dodgers to hide billions of dollars in unpaid taxes off shore because the corrupt Republican controlled house refuses to actually doe their job and work on tax legislation that would remove these tax havens. Why? They get paid off by lobbyists to NOT do their job. Do you understand it now.

          • Darktanone

            Don’t be so short sighted. The Obama administration decision goes beyond just Apple and Samsung. The decision affected every business with patents including Samsung and averted potential price increases for consumers. Allowing Samsung a victory based on Standards Essential Patents (SEP) would have potentially opened the door for other such similar lawsuits across all industries. The terms Samsung offered Apple, 2.4% for each iPhone and access to all Apple patents, were too onerous and clearly not Fair, Reasonable And Non Discriminatory (FRAND).

            • Bryan Z

              It always goes beyond what most people see, but that’s the world we live in.

            • shm224

              Yes, Apple fanboys don’t read the Commission’s Opinion; yet seems to believe everything Apple’s failed defense legal team spews out.

            • SimonC

              But as history has shown Apple don’t negotiate Frand offers they just refuse to accept them and then take them to court.

              Quote from a 2012 article:

              ITC Administrative Law Judge E. James Gildea

              ‘Ruled that injunctions are definitely available at the ITC for standards-essential patents, and that there is zero evidence of any wrong behavior by Samsung. Furthermore, the judge told Apple, which had claimed that the amount Samsung asked for licensing was too high to be a FRAND offer, that Apple can’t unilaterally decide what is or is not a fair price. If it had objections, it could negotiate, which Apple failed to do.’

              In this particular case Apples claims were rejected. Apple are nothing more than cry babies and one of the biggest parasites in the tech industry.

            • shm224

              ROLF! Are you saying that Apple who makes OVERPRICED electronic gadgets averted potential PRICE INCREASE for consumers? LOL!!

              Nope, there was no evidence that Samsung’s ITC win would have any negative impact on any industry — for one, the Commission found there was no FRAND abuse. On the contrary, they warned against Apple’s abuse of reverse hold-up.

              Wrong, now you are making stuff up. First, there is no evidence that Samsung’s offer was in violation of FRAND — Apple’s own expert witness said so. Further, Apple had an option to cross-license their patents and pay lower rates, or pay 2.x% straight-up. Apple REFUSED to cross-license their patents; yet demanded the same rates enjoyed by Samsung cross-licensees.

          • Tyrant

            Tying is illegal. Along with any offer type of offer, Apple had to be offered one FRAND offer on strictly monetary terms under FRAND terms.

            • shm224

              Nope, there was no proof of tying. Apple had an option to cross-license their patents to negotiate a better rate. Apple refused, but still demanded the negotiated rates enjoyed by Samsung’s cross-licensees.

              USITC also found Samsung’s offer to be fully FRAND compliant — even Apple’s own expert witness testified against Apple.

    • Alex Ohannes

      The Oblunder Administration strikes again.

    • Sammy

      Ooh samesung. Cannot copy the veto huh

      • Joe Belifore

        Oh how about f*** you, fanboy.

      • shm224

        Samsung just needs to open their checkbook to Obama presidential library.

    • Pear s5

      I have a sugesstion for you, Samsung. Try not do be Android’s Apple, or if you do, rename galaxy into pear.

    • Len Človek

      First you want to cure for free and now this? Why?

    • yeye

      Obama suks, he vetoes ban on apple but ignores ban on samsung. Double standards. That’s low.

      • Rabid Rotty

        President Poopy Pants is throwing a tantrum all over because he isn’t getting his way. He has shut down national parks and open air monuments. He thinks no one can walk in the woods with out government holding their hand

    • Oli72

      Not surprised. No matter. Samsung have already went up on parts for apple. That will make the difference the apple drinkers will pay for it on upcoming products. Lol. Nexus 4 owner.

    • Tuấn Ankh

      Irony

    • Groud Frank

      This is the Obama administration’s way of scratching Apple’s back for all those NSA favours and whatnot.

    • AussieGreek

      “Apple yes we can”
      “Samsung no you can’t”

      • Bryan Z

        Lol this had me laughin hard

    • obamarama

      obama is to stupid to know that samsung has created more jobs in the us than apple. if i was samsung i move all the factories out of us asap.

    • cyanogenuser84

      I know Obama sucked before this, but GD, what the heck man?!

    • steve jobs

      FVCK OBAMA !
      he will go down in history as the worst president of all time.

      • Bryan Z

        There has been far worse American Presidents. people like you make the US educational system looks worse than it already is.

        • Jon E

          name one, I can’t. Obama is completely useless and cannot do a single thing. He’s spineless and a coward to boot.

          • Leonardo Rojas

            And don’t forget he’s a Muslim. (and gives away armament to Al Qaeda Muslim terrorists, he’s a traitor of your nation and an illegal President from that moment on)

          • Darktanone

            George Dubya Bush. The poster child for dumb US Presidents!

        • shm224

          It’s good to know that Obama is not the worst. So who’s worse than Obama?

    • Er

      Think of it this way. The decision makers will always side to the UNDERDOG. I don’t care about the facts, it will just be a waste of my time reading about it. So for me, I’ll always say, to the death of Crapple. Their products are inferior, expensive, isolated, etc, etc. I’m all for all things superior than Crapple. Hell, I might even just stop eating regular Apples too. Go Samsung, go ANDROID. Go GOOGLE,. Kill Crapple!!!!!!!!!!!!!!!!!!!!!!

      • Dynamite

        Ha ha ! Funny joke ! And now tell me another one !

    • nukem

      Europa plz ban apple!

      • Bryan Z

        You mean you want the goddess of love to ban apple?

        • Dimitar Gospodinov

          “In ancient Greek mythology, Europa was a Phoenician princess whom Zeus abducted after assuming the form of a dazzling white bull. He took her to the island of Crete where she gave birth to Minos, Rhadamanthus, and Sarpedon. For Homer, Europe (Ancient Greek: Εὐρώπη, Eurṓpē; see also List of Greek place names) was a mythological queen of Crete, not a geographical designation.”

          http://en.wikipedia.org/wiki/Europe

          http://en.wikipedia.org/wiki/Aphrodite

          ;-)

          • Bryan Z

            I knew there had to be someone more bored that myself that would take it further lol!!

    • Bryan Z

      This is pointless and honestly a waste of time, its going to ban phones from 2 years ago that nobody ever uses. But we sure as hell will get a bunch of international commenters that all of sudden know a lot of how the presidency and our government work because they follow anonymous on twitter. Fvuckin grow up

    • TheDevilMakesWork

      Talk about complete bias towards US companies , pity S Korea doesn’t ban all apple devices

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