THE UNITED STATES INTERNATIONAL TRADE COMMISSION (ITC) has slapped a ban on the sale of some Apple iPhone and iPad models in the US, having ruled that they infringe Samsung patents.
Samsung's surprise win against Apple saw the ITC issue a ban on the import or sale of the iPhone 4, iPhone 3GS, iPad 3G and iPad 2 3G distributed by US mobile network AT&T on Tuesday, ruling that the products infringe a Samsung data transmission patent. This follows a complaint lodged by Samsung in 2011, although it won't affect Apple's newer iPhone and iPad models.
However, Apple does have a chance to keep the products on shelves. The ITC will submit the case to US President Barack Obama, who will have 60 days to review the ruling. If the White House isn't happy with the ITC's decision it will have no effect, while if President Obama gives it his seal of approval that will open the door for Apple to appeal the ruling.
According to a report at Allthingsd, Apple is planning to appeal. It also spoke to Apple spokesperson Kristin Huguet, who said that the firm has agreed to license Samsung's patented technology under fair, reasonable and non-discriminatory (FRAND) terms.
"Samsung is using a strategy which has been rejected by the courts and regulators around the world," she said.
"They've admitted that it's against the interests of consumers in Europe and elsewhere, yet here in the United States Samsung continues to try to block the sale of Apple products by using patents they agreed to license to anyone for a reasonable fee."
If the ban goes ahead Apple is unlikely to see too much of an impact, as its iPhone 4 and 3G models are two and three years old now, respectively. However, with Apple marketing these as "affordable" iPhones, the firm could take a hit in the budget smartphone sector.
Samsung was not immediately available for comment. ยต
Samsung's surprise win against Apple saw the ITC issue a ban on the import or sale of the iPhone 4, iPhone 3GS, iPad 3G and iPad 2 3G distributed by US mobile network AT&T on Tuesday, ruling that the products infringe a Samsung data transmission patent. This follows a complaint lodged by Samsung in 2011, although it won't affect Apple's newer iPhone and iPad models.
However, Apple does have a chance to keep the products on shelves. The ITC will submit the case to US President Barack Obama, who will have 60 days to review the ruling. If the White House isn't happy with the ITC's decision it will have no effect, while if President Obama gives it his seal of approval that will open the door for Apple to appeal the ruling.
According to a report at Allthingsd, Apple is planning to appeal. It also spoke to Apple spokesperson Kristin Huguet, who said that the firm has agreed to license Samsung's patented technology under fair, reasonable and non-discriminatory (FRAND) terms.
"Samsung is using a strategy which has been rejected by the courts and regulators around the world," she said.
"They've admitted that it's against the interests of consumers in Europe and elsewhere, yet here in the United States Samsung continues to try to block the sale of Apple products by using patents they agreed to license to anyone for a reasonable fee."
If the ban goes ahead Apple is unlikely to see too much of an impact, as its iPhone 4 and 3G models are two and three years old now, respectively. However, with Apple marketing these as "affordable" iPhones, the firm could take a hit in the budget smartphone sector.
Samsung was not immediately available for comment. ยต
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