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Obama Administration Refuses To Overturn Import Ban On Samsung Products

Posted by Soulskill on from the i'm-sure-this-won't-be-construed-as-favoritism-by-anybody-anywhere dept.

Chris453 writes "In August 2013, President Obama issued a veto to an import ban of the iPhone 4S after Samsung won several court battles against Apple claiming that the iPhone 4S violated several of Samsung's patents. A few months ago, Samsung was on the receiving end of a very similar case filed by Apple. The International Trade Commission decided that several of Samsung's phones (Transform, Acclaim, Indulge, and Intercept models) violated Apple's patents, and should face import bans. Despite the similarities between the two cases, the Obama administration today announced that it would not veto the International Trade Commission import ban against Samsung products. The move that could spark a trade dispute between the U.S. and South Korea."

3 of 298 comments (clear)

  1. Re:Uh.. by horm · · Score: 1, Troll

    Apple is an American company, but the iPhone is manufactured in China. Hence the import ban.

  2. Rightly So by Anonymous Coward · · Score: 0, Troll

    Samsung's patents were standards essential patents which they promised to license under FRAND terms.

    Apple's patents are not standards essential as proven by the fact that Samsung has designed around them in their newer products. Further, Apple made no promise to license their non-essentail patents under any terms, let alone FRAND terms.

    I know many people are going to rage and rail over this claiming favouritism or whatever injustice but the truth of the matter is this is as it should be.

  3. Re:Proof that Obama is corrupt by tlhIngan · · Score: 1, Troll

    Samsung's case hinged on a standards-essential patent they had agreed to license on fair and nondiscriminatory terms and was decided by the ITC. Apple's patent was not part of a standard and was decided by a US court of law. The cases aren't even remotely similar, no there's nothing "blatant" here.

    Not only that, but Samsung's newer devices worked around Apple's patents, showing that not only could Samsung avoid using the patented item, they did.

    Samsung's assertion of standards-essential patents is seen as a bully tactic that has gotten Samsung, Motorola/Google and others in serious hot water in the EU, because there is no way to implement a cellphone without those patents. Apple can't work around it and have it work.

    Hence why Obama had to overturn the Apple ban, but not the Samsung one. Samsung avoided Apple's patents on their later devices (SGS3 onwards), so it's obvious they could fix the problem themselves (software update!).

    In addition, Samsung's patents would've affected all Apple's products. Which has a huge effect on the economy. The ban on Samsung's products? Well, they're older phones - tell me you don't seriously expect not selling the SGS2 and older phones to put a huge dent in phone sales. The newer phones on Samsung's roster like the S3, S4 and others, not affected at all.