Obama Administration Vetoed iPhone 4 & iPad 2 Sales Ban

Unsurprisingly, the Obama administration vetoed the US International Trade Commission (ITC) ruling that banned the sales of older Apple products such as the original iPad, iPad 2, iPhone 4, iPhone 3GS, etc. in the United States. Back in June, ITC ruled that these Apple products violated a certain Samsung-owned standards-essential patent. Apple was not happy with the decision because they claimed Samsung would readily license the said patent to anyone else interested, yet it insisted on a sales ban on Apple's products.

Image by Mashable

President Obama disproved the ITC determination to issue an exclusion order and cease and desist order due to its effect on "competitive conditions in the U.S. economy and the effect on U.S. consumers." Obama's office reminds of "the potential harms that can result" from using standards­-essential patents for "gaining undue leverage and engaging in “patent hold­up". Obama also reminds that standards­-essential patents should be easily accessible for licensing under FRAND (Fair, Reasonable, And Non­Discriminatory) terms, which, they consider, was not the case with this Samsung's patent.

Both Samsung and Apple have already responded to the decision. Samsung said that:

“We are disappointed that the U.S. Trade Representative has decided to set aside the exclusion order issued by the U.S. International Trade Commission (ITC). The ITC’s decision correctly recognized that Samsung has been negotiating in good faith and that Apple remains unwilling to take a license.”

As expected, Apple is definitely happy and satisfied with the decision:

“We applaud the Administration for standing up for innovation in this landmark case. Samsung was wrong to abuse the patent system in this way.”

We don't know yet what effect it will have on the relationship of Apple and Samsung and also with that of the United States and South Korea in general. I guess we will find out in the days to come.

Source

Til then...

xoxo Nash