Apple seeks to stop August 5th ban on Apple iPhone 4 and Apple iPad 2

Apple seeks to stop August 5th ban on Apple iPhone 4 and Apple iPad 2
Believe it or not, the Apple iPhone 4 and the GSM flavored version of the Apple iPad 2 are both less than a month away from being banned in the U.S. by the ITC. Apple is seeking to halt the ban, which goes into effect on August 5th following a 60 day review period by the President of the United States. The presidential review period starting counting down on June 4th, when the ITC initially imposed the order, and while other Apple devices were part of the import ban, only the Apple iPhone 4 and the Apple iPad 2 (GSM) are still being sold by Apple. The president is not expected to interfere in the case.

You might think that this is not a big deal considering that the Apple iPhone 4 originally launched in 2010. But Apple has kept it around as an entry-level device and it was the fourth most popular smartphone in the U.S. during 2012. Many carriers have resorted to giving it away for free with a signed two-year contract, but that is all in jeopardy.

Back in June, the ITC ruled that the Apple iPhone and Apple iPad both infringed on a Samsung patent related to encoding. That led to an automatic import ban order from the ITC. Now, with the prospect of having two of its devices banned from entry into the U.S., Apple is seeking to win a last second reprieve. The Cupertino based manufacturer says that the ban will "sweep away an entire segment of Apple’s product offerings," and will also harm the carriers that sell those devices.

Apple argues that the Federal Circuit Court of Appeals, where it is appealing the ITC ruling, is going to rule that the Samsung patent that Apple infringed on (according to the ITC) is invalid. It also says that even if the appeals court rules in favor of Samsung, an import ban isn't needed because Samsung could win damages in a similar case taking place in Delaware court.

If you like to dress up and play lawyer, you can check out the filing below.

  


source: Scribd via GIGaom

Related phones

iPhone 4
  • Display 3.5" 640 x 960 pixels
  • Camera 5 MP / 0.3 MP VGA front
  • Processor Apple A4, Single core, 1000 MHz
  • Storage 32 GB
  • Battery 1420 mAh(7.00h 3G talk time)
iPad 2
  • Display 9.7" 1024 x 768 pixels
  • Camera 0.7 MP / 0.3 MP VGA front
  • Processor Apple A5, Dual-core, 1000 MHz
  • Storage 64 GB
  • Battery 6944 mAh

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28 Comments

1. Droid_X_Doug

Posts: 5993; Member since: Dec 22, 2010

Live by the sword, die by the sword.

2. JMartin22

Posts: 2355; Member since: Apr 30, 2013

Samsung's financial gain isn't my own, but dang, I'm happy to see Apple getting a taste of its own nasty medicine.

3. Topcat488

Posts: 1412; Member since: Sep 29, 2012

Bad Apple... Bad, bad Apple... Stop being bad, or see what happens.

4. Nikolas.Oliver

Posts: 1574; Member since: Jul 01, 2012

Live by suing, Die being sued

5. livyatan

Posts: 867; Member since: Jun 19, 2013

Well, this is pretty unbelievable. The general perception is overwhelmingly that of Samsung being the prey and under constant fire.. but wow look at this. Apple got it blowing back right in their faces! Two of Apple's most iconic products, the ones that made them what they are, got banned at their own turf!

6. shamataa

Posts: 257; Member since: Dec 07, 2011

Boy this is a good time. Makes me want to get a beer and watch Apple burn tothe ground.Apple really had it coming. So HAPPY right now :)

7. mas11

Posts: 1034; Member since: Mar 30, 2012

Unfortunately in the U.S. government officials love Apple so I doubt the ban will go into effect and Apple won't learn their lesson.

8. wando77

Posts: 1167; Member since: Aug 23, 2012

Shame the whole system is so lame and slow. Would have been better 2 years ago for maximum damage to apple. Here's hoping the 4s and 5 soon get banned and then maybe apple will learn

9. piyath

Posts: 2445; Member since: Mar 23, 2012

It's BEER time boys.......!!!!!!

10. boosook

Posts: 1442; Member since: Nov 19, 2012

Sue everybody and you will be sued. They deserve it.

11. Sondae

Posts: 291; Member since: Jan 02, 2013

Sounds like Karma on Apple.

12. darkkjedii

Posts: 30902; Member since: Feb 05, 2011

Get back in the lab apple. Focus on the fall lineup.

15. wildcard

Posts: 65; Member since: Jan 15, 2013

ha ha

22. apple4never

Posts: 1064; Member since: May 08, 2013

am i the only one that kinda feels bad for apple i mean haha u got what was coming but until the ip5 came out apple was pretty good that was when they were innovative and a good company if anything ban the new crap. Am i alone on this notion ?

23. anywherehome

Posts: 971; Member since: Dec 13, 2011

everyone who can read and has a brain hates Apple.... it's a very rotten company

24. apple4never

Posts: 1064; Member since: May 08, 2013

i know i dont like it either i hate the company but my point is why r u banning the best smartphone this company has made not the worst like the 5

13. ibap

Posts: 867; Member since: Sep 09, 2009

OK, I'm sure there used to be a thumbs-down button. What are we now, like the kids' leagues where everyone gets a trophy?

16. VZWuser76

Posts: 4974; Member since: Mar 04, 2010

If I could've given you 10 thumbs up I would have.

14. wildcard

Posts: 65; Member since: Jan 15, 2013

ha ha look who is cry now ha ha

17. reyenrique

Posts: 99; Member since: Oct 07, 2012

damn that hurt hehehehe

18. deadstroke

Posts: 113; Member since: Jan 22, 2013

l was told that apple phone can not be ban , lol

19. bittertruth247

Posts: 36; Member since: May 03, 2013

This is almost comical-Apple has the audacity to try and halt a ban to their inferior Iphones because it could harm their precious company yet they've been suing everyone who makes a better product which is basically any smartphone that's not Apple! That's what happens when you keep sticking your nose into everyone else's business Apple, if you had left Samsung alone, no one would have found out about the patent's your company infringed on!! Payback, payback, payback! :) Of course we know that Apple won't get their products banned since they have the money to buy their way out of anything, still won't help them outsell android, the world's best and largest os!!

25. ncarlosmiguel

Posts: 206; Member since: May 14, 2013

Guess Apple should've minded their own business... literally! lol

20. mrblah

Posts: 577; Member since: Jan 22, 2013

You see Mr. Cook sit by the first lady and the prez useing ipad? I don't think this ban will happen.

21. gallitoking

Posts: 4721; Member since: May 17, 2011

Apple products banned in the US?.. is not going to happen.. and if it does happen it wil tak eplace next year when both devices will be obsolete

26. Ronny666

Posts: 128; Member since: Jun 08, 2013

So Apple is gonna hide behind the White House's skirt hoping to be protected?

27. networkdood

Posts: 6330; Member since: Mar 31, 2010

Ahhh, America the Corporatocracy, more concerned with publicly traded companies than with its own private citizens. This ban is not going to happen, Apple has a few billion reasons to stop it..wink wink.

28. networkdood

Posts: 6330; Member since: Mar 31, 2010

Samsung and Apple would be better off making a deal with each other

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