US president, Barak Obama, has used his power of veto over the US ITC to avoid an import ban on some older Apple iPhones and iPads.
The ban had been ordered by the US ITC after finding out that the Apple products had trespassed on the copyrights of Samsung.
The sanction could have applied to older iPhone 4 and iPad 2 3G models that run on networks operated by AT&T and T-Mobile, as well as two regional networks in Texas and Alaska.
Micheal Froman, White house official, outlined the decision in a letter to overrule the US ITC’s decision. The main argument the main argument is that the copyrights cited by Samsung in the dispute are also considered to be “standards essential” and are supposed to be licensed on fair terms.
Although Samsung won the legal argument, the White House can reject that decision if it feels it would cause determinate damage to the US economy or consumers.
“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,” said Samsung, responding to the decision.
Apple was pleased and said that Samsung was wrong to abuse that patent system in that way. However, Samsung can still pursue other legal remedies against Apple, other than seeking an import ban.
The last time a US ITC decision was overturned in this way was back in 1987.