The
Obama administration has ordered that a proposed ban on the sale and import of certain
Apple products be scrapped. The order represents government intervention in a bitter patent row between the iPhone maker and rival
Samsung.
In a letter to the US International Trade Commission (ITC), US
trade representative Michael Froman said he had decided to disapprove
the body's earlier ruling – which would have banned older iPads and iPhones due to patent infringement. As such, Apple would be free to continue to sell the items.
The letter stated that the decision was made after "extensive
consultations" and was based on Froman's "review of the various policy
considerations … as they relate to the effect on competitive conditions
in the US economy and the effect on US consumers".
The move overturns a June decision by the ITC which found in favour
of Samsung in an increasingly bitter spat between the two tech firms
over patent rights. The trade body concluded that certain Apple products
– including older iPhone and iPad models made to run on AT&T and
T-Mobile USA networks – had infringed a Samsung patent relating to the
ability of devices to transmit services simultaneously through 3G
wireless technology. Apple complained that the trade ban imposed by the
ITC was inappropriate.
Despite finding against the ban, the Obama administration signalled
that Samsung could seek other redress. Froman wrote: "My decision to
disapprove this determination does not mean that the patent owner in
this case is not entitled to a remedy. On the contrary, the patent owner
may continue to pursue its rights through the courts."
The two smartphone makers have lodged a series of legal complaints
regarding alleged patent infringements in recent years. Last year, Apple
was awarded more than $1bn in damages after Samsung was ruled to have
copied critical features of its mobile products.
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