Obama vetoes older iPhone, iPad sales ban won by Samsung at the ITC

by: Chris SmithAugust 3, 2013

Samsung vs Apple

An International Trade Commission sales ban won by Samsung against some older iPhone and iPad models has been vetoed by the Obama administration.

The Wall Street Journal tells us this is “the first time since 1987” that an administration has vetoed a product ban awarded by the ITC.

Accordingly, sales of iPhone 3G, iPhone 3GS, iPhone 4, 3G iPad and 3G iPad 2 models that were found to infringe on a certain standards-essential (FRAND) patent by the ITC back in June will continue in the region. However, we will mention that some of those products are already discontinued, with only the iPhone 4 and iPad 2 still being sold by various retailers and carriers.

The ban was supposed to be enforced starting with August 5.

The Obama administration explained the veto vote saying that it had concerns about patent holders gaining “undue leverage,” when pursing such FRAND-related cases with the ITC – the full veto decision is available at the Source link below.

Samsung is free to try to obtain favorable verdicts against Apple through the courts, though the company has not been successful at leveraging its 3G-related FRAND patents against the iPhone maker in the USA or any other countries so far.

The first U.S. Apple vs Samsung lawsuit resulted in a clear win for Apple – even if that $1 billion win has been significantly cut in favor of Samsung, the South Korean giant was not able to prove to the jury that Apple has infringed some of its 3G patents. A final ruling in that case is still not available, as both companies have appealed it.

Samsung has also decided to drop similar cases against Apple in Europe, most likely because local regulators are investigating the company for alleged FRAND patent abuse.

Despite today’s ruling, the patent-based conflict between the two giants is far from over, with plenty of lawsuits still to be decided.

  • Luka Mlinar

    This war is starting to bore the hell out of me.

    • Bryan Z

      seriously it is getting old now

  • Riki Sutton

    Talk about favouritism. This is why the patent system doesn’t work

    I can’t wait for all this patent bullsh*t to be over

  • dca758

    South Korea should just veto future law suits from Apple then

    • Bryan Z

      lol yeah .. then American should stop protecting South Korea and just let NK take over their country. After there is some destruction we’ll step back in take over NK & SK and put our army at the Chinese border… lol yeah i went over the top with this scenario lol

  • Tony Hoffman

    Obama = prostitute (I’m sure that was an easy buy for Apple)

  • TechGuy

    Many years ago Volvo was granted a patent for the three point seatbelt. Rather than keep it to themselves and sue anyone who tried to make a similar device, they granted free use of the design to any manufacturer who wanted to implement their design for the common good. Shame times have changed where companies now squabble and waste vast sums on litigation to stifle innovation.

    • Marko Man

      Yeah, but must protect innovative icons and rectangular shapes

  • IncCo

    I guess “justice” only works when its in favour of crApple..

    • K.

      And that’s how America protects its interests!

    • obama uses mac , iphone and ipad.

      • Bryan Z

        He sure does, geez he even listens to steve jobs although hes dead

    • Bryan Z

      It’s obvious, Apple = American Company and Samsung isn’t.

  • it’s a political move.

  • simpleas

    Never liked Osama

  • Dany

    I understand almost everything, except what is the advantage or disadvantage for crapple that old phones that are not in the market anymore get banned? can someone please explain me?

    • ohboy

      I understand almost everything, except what is the advantage or disadvantage for Crapsung that old phones that are not in the market anymore get banned? can someone please explain me?

      • James


      • chris

        is not crapsung. it’s samsung

    • James

      A ban would set a precedent and then Apple’s new products will be threatened.
      The real problem with what has happened now is that a precedent has been set for international protectionism – and this will have a negative impact on the US.
      This is also a disincentive to research technologies, and produce patents, on standardised technologies, so SEPs now have less than intrinsic value, there is no point to do this research, and you can just sit and wait for someone else to do it and then license it for a pittance.

      • Sean Karpa

        I have to agree with this move. This patent is a FRAND that the Qualcomm chip in the older phones uses. (The new ones are not effected because Qualcomm licensed these patents directly for the chips in the newer iPhones.

        I am sure there is unfairness on both sides. It is considered anti-trust for samsung to ask for higher than then going rate and I bet both these companies weren’t fair to the other. Apple wanted to pay half or less the going rate while Samsung wanted 2 or more the going rate.

        Overall, right move because none of samsungs products were banned. Time for some cross licensing.

        • Apple_Nexus

          Well done for actually having a clue about what this means!

  • APai

    wow, USA is setting new standards to follow

  • Seth Forbus

    Doesn’t president Obama have WAY WAY WAY more important issues to worry about?

    • AndyM

      Just like David Cameron in the UK with the porn filters. The people in charge seem to have their priorities all wrong…

    • chris

      i know right?. why does he have to worry about this issue?

  • Marko Man

    America is one of the most undemocratic countries in the world

    • Bryan Z

      I traveled all over the world and that’s not true at all you see here in America you can make hundreds of thousands of dollars out of nothing, without college education and that’s because over the years we’ve put systems in place for the smart entrepreneurs. You just can’t do this in other countries

  • john

    I just hope Matt Damon doesn’t own a Sammy.

    • Doc


    • chris


  • Jesper_SB

    If the Obama administration is truly concerned about patent holders gaining “undue leverage” they should approached Apple a few years back encouraging them to stop their “sue the world” policy. As is, this move comes of as clear cut protectionism, and that never brought the world any good. TechGuy’s reference to the car industry is very applicable. If that industry had acted the same way as Apple, and apparently backed by Mr. Obama, there would be one brand today and very little choice for the consumer. Shame on you Mr. Obama..

  • Alain Lafond

    Poor americans. They’re doing the same as the others 3rd world country… The american way of life is like a snake that eats his tail… And now there’s less and less tail…

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  • edward snowden

    fvck iObama !
    fvcken puppet !

  • doodoo

    this means apple customers can expect apple to turn over more private info to the NSA. nothings for free, especially in america.

  • Simon Craddock

    I hope the next time Apple tries to block the import of Samsung handsets they are denied on the exact same grounds.

  • Jon E

    Obama has been a useless jackass from day 1. Shame that the American people don’t have a high enough IQ to get rid of him.

    • vikings football

      no worries…i read on the internet that the obama impeachment is set to kick in. i didnt realize all the evil doings that obama being doing, and the latest evil doing (vetoing a ban) woke me up and got me googling obama…and I found out that he has done many evil doings and is in the process of being impeached. omg, where have i been?

  • asec12

    What’s the point of Sammy fighting so hard in courts for? Obama should refund them for all fees if this is how it will end when Sammy got Crapple on the run for their money.

  • LiiIiikEaBau5

    It’s much easier for NSA and CIA to steal your information from your old Apple device, how the hell would it be possible to ban these devices in USA? Obama or Osama, they are the same!

  • Magnetic1

    This is none sense because instead of paying lawyers to not produce anything, they could pay engineers to innovate new products and develop features. The opportunity cost is huge.