iPhone 4, iPad 2 Get US Import Ban

Bent Spoke writes "The U.S. trade agency has banned the import of older Apple iPhone and iPad models due to the violation of a patent held by Samsung (PDF). 'The president can overturn the import ban on public-policy grounds, though that rarely happens. Apple can keep selling the devices during the 60-day review period. ... Apple pledged to appeal the ITC decision. The underlying findings will be reviewed by a U.S. appeals court specializing in patent cases. ... The decision could mean fewer choices for AT&T and T-Mobile customers who want to get an iPhone without paying the higher cost of the iPhone 5. Samsung told the commission that Cupertino, California-based Apple could drop the price of the iPhone 5 if it was worried about losing potential customers. All of the iPhones are made in Asia.' It's getting so complicated we need a scorecard to keep track of who's winning these offensive patent battles in the smartphone coliseum."

Comments

Re:You know what they say..

[Anonymous Coward]

What strikes me as how both the interviewee's in the news clip shown in the TFA constantly confuse the terms "around the country" and "around the world". Americans' are bred thinking that the country and the world are one of the same. These Freudian slips are just proof of their cultural ignorance.

If Obama did overturn the ITC I'd ask the question, why even allow Samsung the freedom to file cases against Apple in the first place? I'd say if Obama did overturn the decision (no matter the ethics behind the decision) it's just proof that the USA is doomed. Ideally the Govt should be held accountable to it's respective laws, that fact a committee even exists for this sort of thing just highlights how Totalitarian the US has become.

And someone explain WTF "public-policy" is?

Re:You know what they say..

[Anonymous Coward]

The Apple Sect believes that.

Re:You know what they say..

[oztiks]

I'm not saying that at all. Though I can see that if you take my 6 dot points 100% literally you could say that I am making that judgement :)

It's not as if way back when Steve Jobs had his first keynote showcasing his new iPhone creation it had a "Powered by Samsung" logo underneath the iPhone logo. Why not? I've seen plenty of PC's with "Intel Inside" stickers plastered on it.

Samsung created the IP that ensured that Apple's IP would work. I guess you could then argue that Samsung should be sued by the creator of the screwdriver that was used in the creation of creating their IP but sufficed to say here in lays the problem.

If Apple gets the rights to sue, Samsung should get equal rights to do so as well. Don't allow favouritism via product preference or country of origin allow you to be swayed.

Pot. Kettle. Black.

[Anubis IV]

“We believe the ITC’s Final Determination has confirmed Apple’s history of free-riding on Samsung’s technological innovations,” Samsung said in a statement to AllThingsD.

http://allthingsd.com/20130604/samsung-wins-import-ban-against-older-iphones-ipads/

I can't imagine them saying it without at least some irony in their voice. Seriously though, Apple has all but confirmed that they're violating patents for various reasons (e.g. FRAND terms were not offered) and has always been rather blasé about much of this stuff, while Samsung has at times blatantly ripped off a number of its competitors, most recently Apple (before Apple, a number of their designs ripped off Blackberry and others), sometimes doing so rather shamelessly yet denying it entirely.

And all of this won't matter much in the end anyway, since sixty days will get us darn close to the post-back-to-school time when Apple typically announces new versions of their devices anyway, including the heavily rumored low-cost iPhone that will be replacing the iPhone 4 (quick note: this injunction only applies to the iPhone 4 model used by AT&T, apparently, since the iPhone 4 had different chipsets for GSM and CDMA in all but one of the models (the late-released white iPhone 4)), and a new version of the iPad and iPad mini, which will be obviating the need to keep the iPad 2 in the lineup.

So, kudos to Samsung for winning a victory where one was deserved, but in the end, it's all just more of the same.

Re:You know what they say..

[Anonymous Coward]

Apple has more than 400 FRAND patents mostly acquired from Nortel, but they decided to never sue based on FRAND patents.

Samsung ask 2.5% of the price of the whole iPhone as a "reasonable and fair" price. This is exactly what Motorola ask to Apple and Microsoft as well for FRAND patentd. Recently, a court has considered that in a Motorola vs Microsoft case, a fair price would be 1/2000 to what Motorola asked.

Nobody can seriously think that 2.5% rate is a fair price as there are thousands of FRAND patents involved in any smartphone concerning 3G, 4G, WiFi, Bluetooth etc.

Re:You know what they say..

[gaiageek]

Are you actually trying to make the argument that Samsung's success as an Android device manufacturer, which largely came with the devices released after the "copied Apple" ones in question (which, it's been shown, Apple used Photoshopped evidence in making its case for), is entirely based upon the fact that, under your assumption, their first generation devices looked more like an Apple's than the devices released by other manufacturers? Really?

Re:You know what they say..

[Attila Dimedici]

You do know that it was Apple that sued Samsung first, right? That this particular suit was a response to Apple suing Samsung for violating their "look and feel"?

Re:Those who live by the sword...

[ganjadude]

quick, someone writing google glass apps get on it!