ITC Postpones iPhone Ban Decision

The U.S. International Trade Commission was scheduled to issue a final decision in Samsung’s patent infringement case against Apple this week. Instead it issued a postponement.

The ITC said that it is delaying its ruling on Samsung’s complaint until May 31 while it considers the consumer impact of an import ban against the Apple devices alleged to have infringed. With that in mind, the agency requested briefs on what effect the banning of certain models of iPad and iPhone would have on the smartphone and tablet markets and whether there are acceptable substitutes those devices if they were to be banned. The postponement of the ITC ruling is good news for Apple, but the rationale for it suggests potentially bad news ahead. If the commission is soliciting comment on the implications of a product ban, it is clearly considering doling one out. If it wasn’t, it wouldn’t bother itself with public interest considerations.