Ban on Import of Certain Samsung Devices Upheld
Samsung’s appeal to President Barack Obama’s Administration for a veto of an import ban on some of its mobile devices has failed.
“After carefully weighing policy considerations, including the impact on consumers and competition, advice from agencies, and information from interested parties, I have decided to allow” the ban to proceed, US Trade Representative Michael Froman said. Won in the International Trade Commission, the ban covers a range of older Samsung devices found to violate a pair of Apple patents covering a method of touchscreen control on mobile devices and audio I/O headset plug: The Galaxy S 4G, Fascinate, Captivate, Galaxy Tab, Galaxy Tab 10.1, and a handful of other devices. Samsung had petitioned the USTR to overturn the ban, arguing that the agency should provide it with the same reprieve given Apple back in August, when a Samsung-won ban against the iPhone maker was vetoed on policy grounds. But the two cases are very different. The patents Samsung asserted against Apple cover industry standards, and the company is obligated to license them under fair, reasonable and nondiscriminatory terms. The patents Apple asserted against Samsung cover differentiating features, and the company is not obligated to license them. So Samsung must design around them.
“We are disappointed by the US Trade Representative’s decision to allow the exclusion order issued by the US International Trade Commission (ITC),” a Samsung spokesperson told AllThingsD. “It will serve only to reduce competition and limit choice for the American consumer.”