ITC failed says Apple, arguing for veto of injunction against Apple iPhone 4 and Apple iPad 2

Apple and Samsung have both filed with the United States Trade Representative (USTR), the body of government that can veto ITC decisions. Apple is seeking to have a decision made by the ITC earlier this month vetoed. That decision places a limited injunction on the Apple iPhone 4 and the Apple iPad 2. What makes the ITC decision so unusual is that it is based on a standards-essential patent that Samsung claims Apple had infringed on. But the ITC had previously decided not to issue injunctions based on SEP patents. Samsung's declaration that its patent was standards-essential should have forced the Korean manufacturer to license it under FRAND terms.

Based on Apple's submission to the United States Trade Representative, which is part of the executive branch of the U.S. government, the USTR is going to review the ITC action. The latter has already informed the U.S. Customs and Border Protection to hold all shipments of the devices involved in the order. Following the transmitting of the order to Customs, there is a 60 day period for review by the President, who can veto it or let it take effect. If Apple is not happy with the result of the Presidential review, it can take the case to Federal Court.

Apple, of course, wants the ITC's order to be blocked. Samsung believes that there are better opportunities for the ITC to determine policy on SEPs. This is the real thing folks, and not a drill. While banning the Apple iPad 2 might not be a big deal for Apple, the Apple iPhone 4 has been selling as well as could be considering its age. Offered by carriers for free as a way to lock in accounts for two years, banning that device might cause more than just a small headache for Apple, especially considering that these are finished units that would be held up at Customs.

  

source: Scribd, FOSSPatents via AppleInsider
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