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 2025

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

The insensitive reaction to a UK politician crying on TV proves we have a long way to go before we can say we are tackling workplace wellbeing
Adrian Percer says he was impressed by the firm’s work on billion-dollar cases as well as its culture
In our latest interview with women IP leaders, Catherine Bonner at Murgitroyd discusses technology, training, and teaching
Developments included an update in the VAR dispute between Ballinno and UEFA, the latest CMS updates, and a swathe of market moves
The LMG Life Sciences Americas Awards is thrilled to present the 2025 shortlist
A new order has brought the total security awarded to a Canadian tech company to $45 million, the highest-ever by an Indian court in an IP case
Andrew Blattman reflects on how IP practices have changed and shares his hopes for increased AI use and better performance on the stock market
The firm said major IP developments included advising on a ‘landmark’ deal involving green hydrogen production, as well as two major acquisitions
The appointments follow other recent moves in the European market as firms look to bolster their UPC offerings
Deborah Kirk discusses why IP and technology have become central pillars in transactions and explains why clients need practically minded lawyers
Gift this article