Samsung fails to obtain Presidential veto from Obama for Apple/ITC import ban case

Samsung-Gavel

With a U.S. import ban previously issued by the ITC set to lock out certain Samsung devices at midnight last night, Bloomberg reports that the company has failed to obtain a veto from President Barack Obama:

The Korean company had argued that the ban should be overturned on public policy grounds, especially since a similar order it won against Apple was vetoed by the administration in August. Samsung can now seek a delay in the ban from a U.S. appeals court that will consider the entire case on legal grounds.

“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.

In August, the US International Trade Commission ruled in favor of Apple and issued a sales ban on certain infringing Samsung devices in a long-running case that stemmed from a countersuit originally filed by Apple back in 2011. The news came shortly after the Obama administration’s decision to veto an ITC import ban on certain iPhone and iPad models that Samsung won in a separate case. Like Apple, Samsung was going to attempt to get a veto on the decision by the US President, the only person with the power to overturn ITC import bans.  Read more

Google’s attempt to block U.S. imports of iPhone and iPad thwarted as ITC remands investigation of one patent

Following the verdict in the Apple vs. Samsung trial today, where Samsung was found guilty of infringing various Apple patents related to the case, Apple is also coming out a winner, at least temporarily, in Google/Motorola’s attempt to block imports of iPhones and iPads to the United States.

In late June, we told you about Google’s attempt to block U.S. imports of iPhones and iPads based on a previous ruling that Apple infringed on one standard-essential Motorola patent. The initial ruling was under review by the ITC, which has power to block U.S. imports of Apple devices from Asia, with a decision expected at a hearing scheduled for today.

The ITC has now concluded its review (via paid blogger FossPatents), finding no violations for three of the four patents in the initial suit (including the one mentioned above), but remanded an investigation on a fourth, non-standard essential patent to Judge Thomas Pender. The result? According to FossPatents, there might be a violation and import ban related to the patent, but a remand and ITC review could take up to a year:
Read more