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 UPC has increased some fees by as much as 32%, but firms and their clients had been getting a good deal so far
Meryl Koh, equity director and litigator at Drew & Napier in Singapore, discusses an uptick in cross-border litigation and why collaboration across practice areas is becoming crucial
The firm says new role will be at the forefront of how it delivers value and will help bridge the gap between lawyers, clients and tech
Qantm IP’s CEO and AI programme lead discuss the business’s investment and M&A plans, and reveal their tech ambitions
Controversial plans were scrapped by the Commission earlier this year after the Parliament had previously backed them
Lawyers at Spoor & Fisher provide an overview of how South Africa is navigating copyright and consent requirements to improve access to works for blind and visually impaired people
Gillian Tan explains how she balances TM portfolio management with fast-moving deals, and why ‘CCP’ is a good acronym to live by
In the eighth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IP Ability, a network for disabled people and carers active in the IP profession
The longest government shutdown in US history froze ITC operations, yet IP practices stayed steady as firms relied on early preparation and client communication
Licensing chief Patrik Hammarén also reveals that the company will rename its IPR business to better reflect its role in defining standards
Gift this article