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

VO, which has offices in the Netherlands, Belgium and Germany, is the second European IP firm to secure external backing this week
The Bardehle Pagenberg attorneys-at-law discuss the firm’s Managing IP EMEA Awards 2026 success, Unified Patent Court litigation strategy, and evolving European patent trends
A patent battle between two legal tech companies and a loss for Elon Musk’s xAI against OpenAI were also among the top talking points
With drug prices a hot topic in the US, courts are seemingly more reluctant to prevent the entry of generics to the market
Academic Eden Sarid joins us during Pride Month to discuss queer expression and IP law, Patagonia v Pattie Gonia, and how queer and AI-generated creations both pose novelty concerns
Patent attorney Michael Henson joins the firm to lead its freshly launched blockchain and digital assets practice
A dispute over mammogram technology, and a development in the case between GSK and Moderna were also among the top talking points in recent weeks
With rankings for Western Europe set to be published on June 25, we sat down with our research lead to find out what practitioners and law firms can expect
Peter O’Sullivan, a professional services executive, says he is looking forward to helping Pearce IP become the leading life sciences firm in Australia and New Zealand
Matteo Di Lernia, advocate at LCA Studio Legale, unpicks the CJEU’s ruling in M.M. Ristorazione v Villa Ramazzini, including its impact on litigation strategies
Gift this article