U.S. President Obama Seen as Unlikely to Intervene in Apple-Samsung ITC Court Case; Ban on Import to U.S. of iPhone 4, 3GS, iPad 3G, iPad 2 3G Loom (VIDEOS)
The technology world is waiting for next week's decision by the U.S. International Trade Commission (ITC) on a patent infringement case brought by tech giants Apple and Samsung. The decision could result in the ban in the U.S. of the import of certain products of the two tech companies.
To be affected are the iPhone 4, iPhone 3GS, iPad 3G and iPad 2 3G, although it should be noted 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.
For the Cupertino-based Apple, an ITC ruling in favour of its competitor, Samsung, could mean its older model iPhones and iPads, manufactured overseas, could not enter the U.S.
The ITC had actually 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. Only an overturn by U.S. President Barack Obama could save Apple's hide, but legal experts believe the president would not intervene.
"He's in a no-win situation if he does anything ... If he steps in and overrules the ITC, he will incredibly tick off the Koreans," opined Susan Kohn Ross, a partner at Mitchell Silberberg & Knupp, quoted by CNET.
She added that an Obama intervention could have a negative impact on other international cases pending before the ITC against American firms, and it could be viewed as favouritism or possible criticisms that the president is dipping his hands in private issued despite larger and more pressing national and global issues before him.
Apple, anticipating high chances that Mr Obama would not intervene, has asked the ITC to stop the ban and also filed a request with the U.S. Court of Appeals for the ITC to reverse its decision in favour of Samsung.
Even if the ITC would uphold its June decision, there is a chance that Apple could attempt to beat the import ban and bring in a substantial number of its products before the court ruling takes effect, observers said.