Obama administration vetoes ITC ban against Apple

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Obama administration vetoes ITC ban against Apple

President Obama’s administration has vetoed a US trade commission’s ban on the sale and import of certain Apple products that infringed a Samsung patent

The veto overrides an International Trade Commission (ITC) decision on case 337-794 in June, which banned the sale and import of AT&T models of the iPhone 4, iPhone 3GS, iPad 3G and iPad 2 3G. The order was based on the ITC’s finding that Apple infringed Samsung’s patent claims covering 3G wireless technology. Samsung had also argued that Apple had infringed another three patents, but the ITC disagreed.

The veto was announced on Sunday by US Trade Representative Michael Froman, who said he had made the decision partially because of the “effect on competitive conditions in the US economy and the effect on US consumers.” The last presidential veto of a product ban was in 1987.

The patent at issue is classified as standards essential, meaning it must be licensed under fair, reasonable and non-discriminatory (FRAND) terms. The veto is likely to affect other standards essential patents.

Samsung will still be able to pursue a patent infringement claim against Apple through the courts.

Samsung said in a statement that it is "disappointed" that the ban has been overturned. "The ITC's decision correctly recognized that Samsung has been negotiating in good faith and that Apple remains unwilling to take a license," it said.

Apple said in a statement: “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 news is the latest installment in a long-running battle between the two companies over Smartphone technology.


more from across site and SHARED ros bottom lb

More from across our site

Lawyers at Carpmaels & Ransford explain how the healthcare sector has not simply participated in the UPC’s early years, but actively shaped it
The firm has hired former in-house counsel Quintin Cassady to lead the launch of the new office
The combined firm has strong IP credentials across the US, Middle East, UK and Europe, despite Taylor Wessing’s German and French practices not joining
Priya Nagpal, who this month became the firm’s eighth IP partner, says its cross-practice expertise in areas closely linked to IP was a key draw
Harm van der Heijden is to join Ankar as head of patent innovation after 17 years in private practice
Alabama attorney Miya Aladebumoye has launched a new firm built on ‘big law’ experience and a personal touch approach
A UKIPO campaign aimed at combating fakes in the pre-loved fashion market and registration of the first Portuguese craft and industrial geographical indication were also among the top talking points
Chris Adams, Managing IP’s research lead, joins us to explain what practitioners need to know ahead of our first rankings release of 2026
Another IP litigator joins Winston & Strawn in Dallas as firm seeks to keep pace with ‘rapid’ growth of Texas market
Anthony O'Malley will replace Andrew Blattman at IPH, which owns several large IP firms across Australia, Asia and Canada
Gift this article