An ITC import ban on some older models of Samsung smartphones will go into effect at 12 a.m. Eastern on Oct. 8, unless the Obama administration vetoes the action as it did for Apple.
The ban, which stems from August's International Trade Commission determination that Samsung infringed two Apple patents, is not expected to be vetoed by the executive branch, according to Bloomberg. A similar ITC ban on some of Apple's iPad 2 and iPhone 4 devices was overturned in August.
The federal government has gone to great lengths to stress that the decision on whether to veto the ban will be made on the merits of the case, rather than geopolitical interests. U.S. Trade Representative Michael Froman said he has made clear to representatives from both Samsung and the government of South Korea that the outcome would have "nothing, zero, to do with the nationality of the parties involved."
In an Aug. 28 letter to Froman, Samsung called the patents' effects on the company's handsets "trivial," according to Law360, and said that the ban was "neither fair nor equitable" since the patents in question "cover small, insignificant features of complex electronic devices."
"The world is watching how Samsung is treated by the United States in this 'smartphone war' and the administration has a significant interest in avoiding the perception of favoritism and protectionism toward U.S. companies," Samsung wrote in the full-throated defense.
Apple and Samsung are involved in contentious legal battles around the world — even as Samsung's component division remains a major Apple supplier — with Apple accusing the South Korean electronics giant of patent infringement and outright copying of device designs and features. Apple won a landmark $1.05 billion verdict against Samsung last year, though the damage award in that case is headed for a retrial next month.
44 Comments
Obama had better not veto this!
Even though the ban only applies to some older models, it should still go into effect, as it's a matter of principle, and Samsung needs to be smacked down!
Before we get stupid political comments from the usual suspects ... Of course he won't as they are not comparable situations.
Sorry, gov't is shutdown.. don't expect a veto lol.
The ban is also "neither fair nor equitable" because it arrives so late--long after Samsung has profited handsomely from infringing on Apple's intellectual property.
Q: If the features were so small and insignificant, why did Samsung copy them?
A: Because it was significant that Samsung sell products that had every possible feature of Apple's.
It's funny, it's like no one noticed that they copy everything.