Obama administration vetoes Apple iPhone sales ban in U.S.

“Apple Inc. can continue selling its iPhone 4 and iPad 2 3G in the U.S. after receiving a reprieve from an import ban won by Samsung Electronics Co. in a patent-infringement dispute,” Susan Decker reports for Bloomberg.

“U.S. Trade Representative Michael Froman today overturned the ban, imposed by the U.S. International Trade Commission on June 4 after it found that some older models of Apple devices infringed a patent for a way data are transmitted,” Decker reports. “It was the first time the executive branch has overturned an ITC import ban since 1987, when President Ronald Reagan did so in a case involving Samsung computer-memory chips.”

Decker reports, “‘We applaud the administration for standing up for innovation in this landmark case,’ Apple spokeswoman Kristin Huguet said in an interview. ‘Samsung was wrong to abuse the patent system in this way.’ …Four U.S. senators wrote to Froman on July 30, asking him to “assess the substantial public interest considerations” of using standards patents at the ITC. The senators were Democrats Amy Klobuchar of Minnesota and Barbara Boxer of California, and Republicans Mike Lee of Utah and James Risch of Idaho.”

Read more in the full article here.

MacDailyNews Take: Bonus.

[Thanks to MacDailyNews readers too numerous to mention individually for the heads up.]

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150 Comments

  1. Two Democrats, two Republicans, eh? Lets see the political trolls who infest this site like the vermin and parasites they are, pick the bones out of that.
    Good news for consumers, and Apple, anyway.

    1. The bipartisanship displayed here is a clear sign that the issue at hand was blatant in its malevolence or indifference toward healthy commerce in the U.S. — so blatant that to do nothing would have exposed the cowardice and crassness of “public servants,” angering grass-roots constituents and, along with other recent outrages, threatening a voter revolt of the second kind.

        1. Friday, October 9, 2009, Obama Messiah wins Nobel Peace Prize.

          In 2009 304 US soldiers were killed in Afghanistan, over double the number killed in 2008, which was itself the previous high since the war began. Britain also lost 107 soldiers, the most it has seen killed since the Falkland Islands War.

          I submit, you are the fool and a shill.

        2. US military deaths in the Afghan war have reached 2,000, a cold reminder of the human cost of an 11-year-old conflict that now garners little public interest at home as the United States prepares to withdraw most of its combat forces by the end of 2014.

          2014. Who is the fool?

        3. There was no afghan war with Bush. He and Halliburton, I mean Cheney. Chose Iraq if I recall. Obama just moved the troops from Iraq during the drawdown. Still, I don’t agree with all our President has done.

        4. I’ve gotta agree with this crazy Yankees fan this time: Obama is a lying sack of shit. The biggest mistake I (and many others) ever made was voting for this scumbag the first time.

          He has pretty much done the opposite of all he promised in his campaign. The cost in lives and money is sickening when it could have been ended long ago. We have gained absolutely nothing from this Muslim fiasco, but we’ve lost one hell of a lot.

        5. It utterly amazes me. You (botvinnik) stated actual, factual dates for WW II US involvement and people out there disagree???

          Wow, I guess high school diplomas are getting easier and easier to get.

        6. So you’re all perfectly happy with the TSA groping 3 year old girls, the DOJ sending assault rifles to the Mexican drug cartels, DHS checkpoints doing random searches 100 miles from any national border, the NSA and FBI spying on citizens without a warrant or probable cause, assassinations of American citizens without due process via drones by the direct order of the president, the IRS targeting non-profit groups based on political ideology, and the use of children as political props, just to name a few items. OK, got it.

        7. it is not evil to have to follow party lines in signing bills, it is simply wrong. Due to the polarization of our voted officials, we are all to suffer. These politicians are on the money train, simply taking our taxes, and wanting more. Their affiliations determine what they feel is important.

        8. He’s not naïve. He’s just pointing out what an anomaly it is. Probably won’t happen again for at least 10 years. Or unless enough money’s shoveled into the laps of the Democrats in these situations. Just kidding. Kinda.

        9. We both know that money is changing hands in some form. That hasn’t changed since Sumeria. All I was saying was that when the stink begins to bother people in the street, speeches and party loyalty aren’t going to alter their olfactory repugnance. That’s when we see action, when the charades fail to work as before. Oh, and it’s she, truly enough.

          It is truly enough said that a corporation has no conscience; but a corporation of conscientious men is a corporation with a conscience.
          — Henry David Thoreau

        10. I wouldn’t mind Apple relocating to Vancouver, not at all. Leave the oppressive regime behind, and all that. Plus I have a sister there. I’d as lief join her, perhaps pitch an advisory group on managed health care to the new Apple, special attention given to province-run programs. I could still make a living, crippled though I am by a constitutional failure to grasp political realities the way you do so effortlessly.

        11. Unless you agree with everything that botvinnik says, the put downs from him will be frequent and vile. Of course, hannahjs, you do seem to be of similar mind with botvinnik. That is not a compliment.

        12. KingMel

          With all due respect, fuck you, you sanctimonious prick.

          You don’t agree with someone then disagree. Your viewpoints are often itritating to me but I respect your right to them.

          However I do not respect your right to your unwarranted attack on hannajs.

        1. Thanks for the reprieve—the weight of negativity was pointing me toward the bottle of no return. Why must I constantly place myself in the hands of the faithless? Is compassion always self-poisoning?

    2. Now if Obama can only take quick action on the Keystone Pipeline Project!… and to borrow a phrase from Dem. Harry Reid, Obama needs to tell his environmental wackos to “sit down and shut up!” People need jobs. Have jobs, comes money. Have money, buy Apple products! Buy Apple products, creates more jobs. Call it your jobs program Obama…

      1. I think it’s you that needs to “STFU and Sit”. If job’s are not ‘sustainable’ then those job’s will not last very long. It’s kind of like telling a snake not to eat its own tail. Why is it people lie you find that so very hard to understand?

    3. These ‘politicised’ forums have become like the dinner party from hell with guests ranging from hyperactive brats to thuggish chain-saw mass murderers, toxic food and a poisoned chalice.
      A binary fantasy nightmare.

  2. What worries me now is the deliberate delay of the penalty phase of the Samsung infringement case by the one and only, biased Judge(loose term) Lucy Koh’s case. 1) the jury awarded a $1billion dollar award to apple for patent violation
    2) Koh opted to retract $400 million of that $1billion due to what she feels is a lack of evidence that samsungs infringement didn’t deplete apple of those profits due to the violated infringements.
    Gotta wonder why the second time delayed decision took place. Perhaps to wait to see the result of this outcome.

  3. This might put a bit of a pop in the stock Monday morning. I have been picking up a few AAPL call options in the last two weeks. Grabbed a couple more on Friday. Things are beginning to look a little brighter. There are still better places to put your money then AAPL. But it does have upside potential in the near-term. Just remember to diversify when you invest. Don’t sink all your money in any one stock. No matter how much you may love the company. And this time, when you are ahead remember to take your profit. Just look at all those people who are underwater in AAPL and will be maybe forever. It may take them years just to get back to even or with their profit status of September 2012. Don’t make that mistake. You can bet that those investors will be smarter next time. It’s your money. Invest it wisely. Don’t be foolish. This time.

      1. I have.

        And BTW, with a little judicial selling and buying back I now have about 40% more shares of AAPL than I did last Fall, even though I’ve been regularly liquidating a few shares to pay for special projects. This last time I sold at the end of May at $440 and bought July 1 at $402. $450 is looking quite nice now. Can’t wait for $600 by year’s end.

        1. You have Zeke but it doesn’t matter. You are irrelevant. Spinning more yarns are you Zeke? This time it’s lies about your investments. Last time it was bullshit about being in your 60s married to a 20-year-old woman with a two-year-old child. Oh, and you were lifting 200 pound bales of straw over your head all day long. My, you do have an imagination. That’s probably all that you have Zeke. Your imagination. I feel sorry for you. It’s sad. Rather pathetic.

        2. You’re gonna run out of stock answers one day after using the same lines over and over and over. You really are a bore.
          You’re pretty thick skinned too GM, nobody on this board has as many disparaging feedback. You are a bore and a nasty person.

        3. And all we have is your word that you somehow clairvoyantly sold all of your AAPL at the exact peak back in September. You say you run a small business. It must be very small with all the time you spend trying to lord it over people here. I’ll bet you really get your jollies helping clueless folks figure out how to network their Macs. Takes real talent to do that, just like it takes real guts to insult people while hiding behind a keyboard. You’re a coward and a creep and everybody here knows it. Just look at your ratings here. Oh yes, I forgot, you’re the superior being, the detached pro investor, the worldly man’s man who takes everything in stride and has everything under control. Oh yes, you’re Superman…no, wait! Not really. It’s all fantasy. You’re a legend in your own mind. Where’s your history here? I’ve been here and on AFB and the Braeburn group for years as a REGISTERED user. People can see what I said years ago and check the facts against real history. You, on the other hand, are pure anonymous puffery. Take a hike.

        4. Been here for years myself Zeke. Well yes, I said in September that I sold all Zeke. Didn’t have to be clairvoyant to see that it was time to get out Zeke. No it’s not that small of a business. And I don’t have a lot of free time. Movies, commercials, television etc. Zeke. I have nothing to do with networking computers. Pro-investor? Hardly. Just smart enough not to make mistakes now as I did years ago Zeke. I can and have admitted my former foolish investing practices here Zeke. Doesn’t bother me in the least to admit my mistakes. You on the other hand seem to have a real problem with that. And as for puffery? You take the lead there Zeke. You have a vivid imagination. It’s nice of you to share all those fantasies with us. What’s the latest? Have you bought an island in the Caribbean? Become an international spy. You’re full of yourself Zeke. But it is funny.

        5. You are a usless arrogant pro tools operator with a foul mouth, well disliked at work. Doubtfully you even graduated from high school without cheating.

        6. GM is not only an anonymous coward, he’s a pathetic ass kisser, desperately trying to find some influence and friends. Seems like almost everyone at MDN has told him this over and over in the past year or so….

          Looks like it’s time for a poll: Who here can stand him and would anyone trust this poor lonely creature?

        1. It takes a real asshole like you GM to always take pleasure in rubbing someone’s nose in your shit. You can run but you can’t hide, you’re so obviously desperate.

  4. Page 3 of the Trade Representative’s decision was a good read, until the end where he stops writing a “do your job” smack down and steps away from placing blame and taking a side in the real issue.

    1. Staying up late to jack up your ratings while everyone’s asleep GM, it’s low wand soooo desperate, especially when you lower others just to make yours fly.

      1. GM would be the ultimate jail bait, for his sake i hope he never ends up in prison where they wold rape his every orofice and them make him lick up his drippings. Nasty and arrogant without any backup.

    1. Presuming this “sgt” is a federal government employee, it is now clear why the USA couldn’t “win the hearts and minds” of anybody, even when handing out billions in free aid. When arrogant pricks like this sgt are doing it, it’s no wonder that goodwill toward the USA is near an all-time low — albeit climbing out from the huge hole the previous administrations (plural) dug for us.

      Kesny: I will vote at every opportunity to cut your funding until i see RESPECT and COST EFFECTIVENESS come from you and your organization.

  5. He just couldn’t have done else, in such a fanatic nationalist country… Yet, it is right: Samsung is a damn opportunist who never could have made a tactile smartphone if iPhone wouldn’t have been!

  6. This is a very bad signal

    Taken from another post:
    —–
    In other words, the Obama administration threw out virtually everything the ITC has said in order to protect Apple. This effectively means that American companies can infringe on non-American companies’ (standard essential or not) patents all they want, because the president will simply step in if they try to fight back.
    —–

    This is exactly how all majors actors in this market will understand it. This is certainly good for Apple in the US market… The consequences around the world will be disastrous and not only for Apple. All US companies will have to pay Apples bill.

    Do you really expect other companies now to respect ITC rulings concerning US companies?? I’m curious to see how things will evolve from now.

    BTW… MDN fans seem to love every possible conspiration theory against Apple… Maybe it’s the exact opposit. Could it be that this information has something to do with the actual position? :

    http://money.cnn.com/2009/05/15/news/economy/obama-stocks/index.htm

    1. Hello? Have you been paying attention? Violation of standards essential patents should never result in a ban but rather a renegotiation of the licensing terms. This would have been unprecedented. The original ruling was strange.

  7. One of the comments to the original artical claims Samsung’s Fair & Reasonable Rate of 2.8% is just. Which is obviously bull.
    I want to rebut the poster with other Frand rates that Samsung has set other manufacturers so can anyone give examples that I can use?

      1. Going by recollection because I can’t find the article, I read that Samsung’s demand was about 4 times what others are paying.

        From this article: ” Nevertheless the European Commission issued a Statement of Objections (SO). By contrast, the DoJ has been doing nothing. At some point it has to intervene. If it tolerates this kind of extortionate conduct for much longer, some people may start to wonder whether the current U.S. government (including, in a different context, U.S. Customs & Border Protection) is more loyal to Google than to U.S. consumers and the U.S. economy.”

        I’m one of those “some people”. This administration is more loyal to Google and Amazon because it is bought and paid for.

  8. Let’s get back on topic. The ITC was designed to protect American companies from foreign infringers. Apple has become, by most accounts, the quintessential American company. Samsung has become, by most accounts, the quintessential foreign infringer. Looked at this way, the decision was a no-brainer. It is exactly how the system is supposed to work and what Congress (Democrat and Republican) had in mind when the ITC was set up. I say hooray — we finally get to see a federal program/agency working the way that it was intended.

    1. bah, no international “organization” has any right to decide if an American company can sell their products in America:

      The International Trade Centre (ITC) is a subsidiary organization of the World Trade Organization (WTO) and the United Nations (UNCTAD) and provides Trade-Related Technical Assistance. Whereas the WTO mainly deals with the rules of international trade and UNCTAD with research and advocacy, ITC’s mandate is far more narrow as it is solely concerned with helping (so-called) developing and transition economies to promote their exports. The pure focus on technical assistance is rare within the UN system as most other organizations that provide technical assistance usually engage in multiple areas and kinds of assistance.
      ITC has its headquarters in Geneva and one field office in Mexico City.

      Turns out Ross Perot was totally right in 1992 when he said the North America Free Trade Agreement (NAFTA) would create a “giant sucking sound” as jobs left the United States for Mexico.

      1. Botvinnik, you are confusing TWO different organizations. You are confabulating the International Trade COMMISSION with the International Trade CENTRE. They are not the same or even related.

        The International Trade Commission is not an “international” organization. The United States International Trade Commission (ITC) is an independent, bipartisan, quasi-judicial, federal agency of the United States that provides trade expertise to both the legislative and executive branches. Furthermore, the agency determines the impact of imports on U.S. industries and directs actions against unfair trade practices, such as subsidies, dumping, patent, trademark, and copyright infringement. They also handle Tariff Codes and disputes I believe.

    1. It’s only four pages, and the fourth is quite short. Go read it. For bureaucratic writing it’s pretty harsh. The USITC didn’t do it’s job in enforcing FRAND terms for SEP. He took no position on whether or not Apple owes Samsung, leaving that up to courts to decide. But he clearly admonishes the USITC for not doing their job.

      And if memory serves, what’s really at issue is whether Apple owes Samsung directly for use of patented technology in chips Apple purchased from Qualcomm, who has already paid Samsung the license for the technology used in those chips.

  9. Samsung should not have won anything from this since it was under a Frand agreement which they chose not to honor in good faith. Glad that Apple won the Veto and people in Washington still pay attention once and a while. Now we need an appeals Judge with a brain to stop the DOJ’s B.S. books lawsuit which everyone with half a brain after hearing the evidence knows there was no wrong doing there either by Apple.

  10. Staying up late to jack up your ratings while everyone’s asleep GM, it’s low wand soooo desperate, especially hen you lower others just to make yours fly.

    Maybe time for exile?

  11. Good. Maybe then, the Obama administration would realize the importantce of Apple to the US economy. It was a mistake to even considering banning them in the first place, because we all know who the real theifs are.

  12. Can we stay on topic and leave the politics?

    Samsung is targeting Apple only and dreaming Apple to pay a fee that is grossly unbalanced compared to the other licensees.

  13. Every once in a while there are some terrific debates here – but, and I have to remind myself about the real world – more often than not, it devolves into some teen-angst-ridden need for validation at others’ expense and it gets really old, really fast. There is going to come a day (which I do not oppose) where these threads will not be engaged by anonymous commenters and there will be no way to hide like cowards when denigrating each other. And the saddest thing of all really, is that the subject matter has nothing to do with real world problems.

    1. As one who consistently uses my first name, which is not unique, but still somewhat anonymous, I would contend that being anonymous isn’t synonymous with denigrating others, just as being a registered user does not prevent that user from denigrating others. I prefer to stay on topic rather than calling people names. So, please, when you see my name and the post is spiteful, know it’s not this Jim 🙂

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