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.

Related articles:
Samsung, EU in talks to settle antitrust case involving FRAND abuse against Apple – June 25, 2013
Japan finds Samsung guilty of FRAND abuse – March 5, 2013
FRAND abuse: Samsung could face $15 billion fine for trying to ban Apple iPhone via standard-essential patents – December 28, 2012
FTC staff said to formally recommend antitrust lawsuit against Google over FRAND abuse – November 1, 2012
Google U.S. antitrust lawsuit said to be urged by FTC investigators over Internet search, FRAND abuse – October 15, 2012
U.S. FTC investigating Google, Motorola Mobility over FRAND abuse – June 30, 2012
EU launches full-blown investigation of Samsung’s suspected abuse of FRAND-pledged patents; Motorola on notice – January 31, 2012
Apple asked standards body to set rules for essential FRAND patents – February 8, 2012
Apple’s iterative approach to FRAND abuse is not for the faint of heart, but there’s no better alternative – February 5, 2012
Motorola Mobility wants 2.25% of Apple’s sales for standards-essential wireless patents license – February 4, 2012
EU launches full-blown investigation of Samsung’s suspected abuse of FRAND-pledged patents; Motorola on notice – January 31, 2012
EU opens antitrust investigation into Samsung over patents – January 31, 2012
European Commission investigates Samsung over possible abuse of FRAND patents against Apple – November 3, 2011
Why is Samsung attempting to ban Apple’s iPhone 4S over FRAND patents? – October 5, 2011

29 Comments

  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.

  6. we know Obama did the right thing, as long as Congress dont refute that (help out Samsung) just in order to annoy Obama. We have seen how these selfish politicians do things. Needless to say Samsung wont give up, they will bribe and do whatever to avoid this legit ban. Serves them right, thieving bastids

  7. Happy that Obama is upholding ban

    but I think with rapid change in tech banning old phones isn’t harsh enough I think Samsung should pay a fine to apple for all infringing phones ALREADY SOLD.

    (Samsung is gambling on the courts moving too slow. Even if its allowed to steal tech for a few years it makes millions off them)

    1. thinking about it I don’t know whether this case is linked to the trial where apple won the billion dollar judgement against samsung (monies subsequently cut substantially by the judge and I don’t believe Samsung has paid up ).

  8. A big ‘Thank You, for Your Support” from Uncle Sam to Mr. Cook.

    First dropping the investigation into tax irregularities (not saying anything was really there – just that the government would’ve kept it going had Apple not cooperated with them), and now hamstringing their biggest competitor right before & after two huge product launches – the iPhone & iPad 64bit fingerprint sensor equipped models (‘… all the better to see you with, my dear …’).

    Every little bit helps when your trying to get the Total Situational Awareness, Civilian Edition technology out to as many people as possible.

Reader Feedback

This site uses Akismet to reduce spam. Learn how your comment data is processed.