Obama administration refuses to veto Samsung import ban won by Apple

“Samsung Electronics Co. must stop importing some models of smartphones and tablet computers into the U.S. after President Barack Obama’s administration upheld a ban won by Apple Inc. in a patent-infringement dispute,” Susan Decker and Brian Wingfield report for Bloomberg. “‘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.”

“The Korean company argued the ban ordered by the U.S. International Trade Commission should be overturned on public policy grounds, especially since a similar order it won against Apple’s iPhone 4S was thwarted by a presidential veto 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,” Decker and Wingfield report. “The import ban is on a limited number of products. The ITC said newer models by Suwon, South Korea-based Samsung had worked around two Apple patents, which covered a multitouch feature and one for a sensor for headphone jacks.”

Decker and Wingfield report, “Forcing Samsung to change its design is a victory for Apple. The iPhone maker says it keeps and entices new customers by contrasting the look and ease of its devices to other manufacturers, like Samsung or HTC Corp. (2498) In appeals-court arguments, Apple accused Samsung of simply putting a new name on some handsets without making any changes. In contrast, Samsung’s victory against Apple involved a basic function of the phone, the ability to transmit data that was part of a standard used across platforms. The administration cited its position that advocates limiting the ability to use standard-essential patents to block competition in overturning the import ban.”

Read more in the full article here.

MacDailyNews Take: Froman made the proper decision.

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29 Comments

      1. Samsung’s cheating will not change.

        It is a way of life in Korea for a huge successful company, otherwise they are just considered a big wimp.

        It is their culture.

  1. i wish Obama could get rid of Judge Lucy Koh too, i like this ban and Samsung is going to look and abuse loop holes, and stupid americans will continue to buy IP Stolen Samsung garbage. Total shame, and i wish this Ban was world wide, not just america

  2. I am certainly not counted among Mr. Obama’s fans. However, in the comments of another article on this subject, I wrote:
    <<>>
    I am very happy to be proven wrong in this matter; the Obama Administration did the right thing here, and deserve recognition for the correct stance on both ITC cases. Mr. Obama picked a very good representative to handle this case, contrary to my assumption that he would not do so.

  3. (I really hate how this site handles certain characters. Repost:)

    I am certainly not counted among Mr. Obama’s fans. However, in the comments of another article on this subject, I wrote:
    –start quote–
    My prediction is that Mr. Obama WILL grant a veto; since he has neither a technical nor a business background, and since his style seems to rely more on his own feelings rather than gathering and listening to competent advisers, I believe that he will err on the side of what he wrongly believes to be “fair.”
    –end quote–
    I am very happy to be proven wrong in this matter; the Obama Administration did the right thing here, and deserve recognition for the correct stance on both ITC cases. Mr. Obama picked a very good representative to handle this case, contrary to my assumption that he would not do so.

  4. Ever since the pivot away from war on Syria and the veto of Apple’s ban, Obama has done a good job. He shouldn’t negotiate on the debt-ceiling or on the government shutdown. Doing so would set a horrible precedent for our democracy, where you let the kids win if they don’t get their way.

    1. For me, I would like both parties to began to open up for a lot more transparent nature of our elected officials and their spending The pure fact that they continue to spend is proof of failed polices of both parties. The term, “To big to fail”, should be used with spending. The debt needs to be capped and our money needs to be audited by “The People” so we can root out the waste and abuse.

      The whole and singular point of this is: no debt ceiling increase, not political maneuvering. The debt is the problem.

      1. Both parties do exactly what their most important constiuants tell them to do, which are the people who pay for their campaigns, aka the 1%. The rest of us just get scraps in the form of sound bites false controversies. We live in a Plutocracy, not a Democracy.

  5. Justice finally taken against Samsung. Proven over and over again but constantly delayed. Finally something will happen. Yet even while this is good, Samsung is proving itself further as a thief after broadcasting confidential documents all over there company and then trying to use those documents against there competitors. Copycat thieves need to be held accountable.

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