No Ban on Import to U.S. of iPhone 4, 3GS, iPad 3G, iPad 2 3G as President Obama Overturns ITC Decision on Apple-Samsung Patent Battle (VIDEOS)
U.S. President Barack Obama did the unexpected on Saturday, two days before the U.S. International Trade Commission (ITC) June decision on a patent infringement case brought by tech giants Apple and Samsung takes effect.
The decision could result in the ban in the U.S. of the import of certain products of the two tech companies. However, with Mr Obama's intervention - a first time in the U.S. history - the iPhone 4, iPhone 3GS, iPad 3G and iPad 2 3G could still be imported to the U.S.
it should be noted, however, that a lot of these devices are low in stock and many consumers are preferring the current iPad and iPhone models as well as waiting for the release of newer Apple devices.
The ITC decided in June to favour Samsung and ban the import of all older iPhone models made for AT&T prior to the iPhone 4S, but Apple appealed the decision and sought an overturn by the president, a reversal of legal experts' belief that Mr Obama would not intervene.
In vetoing the ban, U.S. Trade Representative Michael Froman said in a letter to ITC Chairman Irving Williamson that the June decision had an impact on "competitive conditions in the U.S. economy and the effect on U.S. consumer."
Mr Froman urged the ITC "to pay close attention to standards essential patents and their licensing in order to promote 'innovation and economic progress.'"
In response to the intervention, Samsung said in a statement, "We are disappointed that the U.S. Trade Representative has decided to set aside the exclusion order issued by the U.S. International Trade Commission ... The ITC's decision correctly recognized that Samsung has been negotiating in good faith and that Apple remains unwilling to take a license," CNET quoted the South Korean tech giant.
In response, Apple said, "We applaud the administration for standing up for innovation in this landmark case ... Samsung was wrong to abuse the patent system in this way."
The overturn does not end the legal battle between the two competitors since ITC is scheduled to release on Aug 9 its final decision if Samsung infringed Apple's patent based on a separate case the Cupertino-based firm filed with ITC in July 2011.
An ITC decision favourable to Apple could result in a ban on import to the U.S. of older Samsung products, and for sure, Mr Obama would not again intervene in such a ruling for an American firm.
However, on the same day, Samsung scored against Apple in a Japanese court.